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XOCAIi— NEW    YORK,     KINGS,     QUEENS    AND  RICHMOND 

COUNTIES. 

{Two  thousand  nine  hundred  and  fifty  folios.] 


LAWS  OF  NEW  YORK.— By  Authority. 

[Every  law,  unless  a  different  time  shall  be  prescribed  therein,,  shall 
not  take  effect  until  the  twentieth  clay  after  it  shall, have  become  a  law.' 
Section  43,  article  II,  chapter  8,  General  Laws.] 

Chap.  466. 

AN  ACT  to  amend  the  Greater  New  York  charter,  chapter 
three  hundred  and  seventy-eight  of  the  laws  of  eighteen 
hundred  and  ninety-seven,  entitled  "An  act  to  unite  into 
one  municipality  under  the  corporate  name  of  the  city  of 
New  York,  the  various  communities  lying  in  and  about 
New  York  harbor,  including  the  city  and  county  of  New 
York,  the  city  of  Brooklyn  and  the  county  of  Kings,  the 
county  of  Richmond  and  part  of  the  county  of  Queens, 
and  to  provide  for  the  government  thereof." 

Passed,  without  the  acceptance  of  the  city. 

Became  a  law,  April  22,  1901,  with  the  approval  of  the  Governor.  Passed, 

three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  One.  Chapter  three  hundred  and  seventy-eight  of 
the  laws  of  eighteen  hundred  and  ninety-seven,  entitled  "  An 
act  to  unite  into  one  municipality  under  the  corporate  name 
of  The  City  of  New  York,  the  various  communities  lying  in 
and  about  New  York  harbor,  including  the  city  and  county 
of  New  York,  the  city  of  Brooklyn  and  the  county  of  Kings, 
the  county  of  Richmond  and  part  of  the  county  of  Queens, 
and  to  provide  for  the  government  thereof,"  is  hereby 
amended  so  as  to  read  as  follows: 

±0206a 


2 


LAWS  OF  NEW  YORK. 


CHAPTER  I. 

Boundaries,  Boroughs,  Powers,  Rights  and  Obligations 

OF  THE  City. 

The  City  of  New  York;  corporations  consolidated;  territories;  short 
title  of  this  act. 

§  I.  All  the  municipal  and  public  corporations  and  parts 
of  municipal  and  public  corporations,  including  cities,  vil- 
lages, towns  and  school  districts,  but  not  including  counties, 
within  the  following  territory,  to  wit:  The  county  of  Kings, 
the  county  of  Richmond,  the  city  of  Long  Island  City,  the 
towns  of  Newtown,  Flushing  and  Jamaica,  and  that  part  of 
the  former  town  of  Hempstead  as  it  existed  on  the  thirty- 
first  day  of  December,  eighteen  hundred  and  ninety-seven, 
bounded  on  the  east  and  north  by  the  east  and  north 
bounds  of  the  former  village  of  Far  Rockaway,  and  on 
the  east  by  a  line  drawn  due  north  from  the  northwest 
corner  of  said  village  to  the  south  line  of  the  town  of 
Jamaica,  as  it  existed  on  the  thirty-first  day  of  December, 
eighteen  hundred  and  ninety-seven,  are  hereby  annexed 
to,  united  and  consolidated  with  the  municipal  corpora- 
tion known  as  the  "mayor,  aldermen  and  commonalty  of 
the  city  of  New  York,  to  Idc  hereafter  called  "  The  City  of 
New  York";  and  the  boundaries,  jurisdictions  and  powers  of 
the  said  city  of  New  York  herein  constituted,  are  for  all  pur- 
poses of  local  administration  and  government,  hereby  declared 
to  be  co-extensive  with  the  territory  above  described ;  and  the 
said  city  of  New  York  is  hereby  declared  to  be  the  successor 
corporation  in  law  and  in  fact  of  all  the  municipal  and  public 
corporations  united  and  consolidated  as  aforesaid,  with  all  their 
lawful  rights  and  powers,  and  subject  to  all  their  lawful  obli- 
gations, without  diminution  or  enlargement  except  as  herein 
otherwise  specially  provided;  and  all  of  the  duties  and  powers 
of  the  several  municipal  and  public  corporations  united  and 
consolidated  as  aforesaid  into  The  City  of  New  York  are 
hereby  devolved  upon  the  board  of  aldermen  of  the 
said  city  of  New  York,  so  far  as  the  same  are  applicable 
to  said  city,  and  not  herein  otherwise  specially  provided,  to  be 
exercised  in  accordance  with  the  provisions  of  this  act.  Thif^ 
act  may  be  cited  by  the  short  title  of  "  The  Greater  New  York 
Charter." 


CHARTEE  OF  NEW  YORK  CITY.  .  3 

Division  into  boroughs. 

§  2.  The  City  of  New  York,  as  constituted  by  this  act,  is 
hereby  divided  into  five  boroughs  to  be  designated  respectively : 
Manhattan,  The  Bronx,  Brooklyn,  Queens  and  Richmond;  the 
boundaries  whereof  shall  be  as  follows: 

First.  The  borough  of  Manhattan  shall  consist  of  all  that 
portion  of  The  City  of  New  York,  as  hereby  constituted, 
known  as  Manhattan  Island,  Nuttin  or  Governor's  Island,  Bed- 
loe's  Island,  Bucking  or  Ellis  Island,  the  Oysjter  Islands,  and 
also  Blackwell's  Island,  Randall's  Island  and  Ward's  Island 
in  the  East  or  Harlem  rivers. 

Second.  The  borough  of  The  Bronx  shall  consist  of  all  that 
portion  of  The  City  of  New  York,  as  hereby  constituted,  lying 
northerly  or  easterly  of  the  borough  of  Manhattan,  between 
the  Hudson  river  and  the  East  river  or  Long  Island  sound, 
including  the  several  islands  belonging  to  the  municipal  corpo- 
ration heretofore  known  as  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York,  not  included  in  the  borough  of 
Manhattan. 

Third.  The  borough  of  Brooklyn  shall  consist  of  that  por- 
tion of  The  City  of  New  York,  as  hereby  constituted,  hitherto 
known  as  the  city  of  Brooklyn. 

Fourth.  The  borough  of  Queens  shall  consist  of  the  terri- 
tory known  as  Queens  county. 

Fifth.  The  borough  of  Richmond  shall  consist  of  the  terri- 
tory known  as  Richmond  county. 

Name;  powers  and  rights  of  the  corporation;  seal. 

§  3.  The  name  of  the  corporation  constituted  by  this  act 
chall  be  "  The  City  of  New  York,"  and  the  same  shall  by  that 
name,  be  a  body  politic  and  corporate  in  fact  and  in  law  with 
power  to  contract  and  to  be  contracted  with,  to  sue  and  be  sued, 
to  have  a  common  seal  and  to  have  perpetual  succession,  with 
all  of  the  rights,  properties,  interests,  claims,  demands,  grants, 
powers,  privileges  and  jurisdictions  held  by  the  mayor,  alder- 
men and  commonalty  of  the  city  of  New  York,  and  held  by 
each  of  the  municipal  and  public  corporations  or  parts  thereof, 
other  than  counties,  by  this  act  united  and  consolidated  with 
the  corporation  known  as  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York,  except  so  far  as  modified  or 
repealed  by  the  provisions  of  this  act.  . 


4 


LAWS  OF  NEW  YORK. 


Local  government;  board  of  aldermen;  liabilities  of  corporations 
consolidated. 

§  4.  For  all  purposes  the  local  administration  and  govern- 
ment of  the  people  and  property  within  the  territory  hereby 
comprised  within  The  City  of  New  York  shall  be  in  and  be 
exercised  by  the  corporation  aforesaid;  and  the  board 
of  aldermen  as  in  this  act  constituted,  subject  to  the 
conditions  and  provisions  of  this  act,  shall  exercise  all 
the  powers  vested  in  the  corporation  of  The  City  of  New  York 
by  this  act  or  otherwise,  save  as  in  this  act  is  otherwise  specially 
provided.  All  valid  and  lawful  charges  and  liabilities  now 
existing  against  any  of  the  municipal  or  public  corporations 
or  parts  thereof,  which  by  this  act  are  made  part  of  the  corpo- 
ration of  The  City  of  New  York,  including  the  county  of 
Kings  and  the  county  of  Richmond,  or  which  may  hereafter 
arise  or  accrue  against  such  municipal  and  public  corpo- 
rations, or  parts  thereof,  including  the  said  counties  of 
Kings  and  of  Richmond,  which  but  for  this  act  would  be 
valid  and  lawful  charges  or  liabilities  against  the  same, 
shall  be  deemed  and  taken  to  be  like  charges  against 
or  liabilities  of  the  said  The  City  of  New  York,  and 
shall  accordingly  be  defrayed  and  answered  unto  by  it  to 
tht  same  extent,  and  no  further,  than  the  said  several  constitu- 
ent corporations  would  have  been  bound  if  this  act  had  not 
been  passed.  All  bonds,  stocks,  contracts  and  obligations  of 
the  said  municipal  and  public  corporations,  including  the 
county  of  Kings  and  the  county  of  Richmond,  and  such  pro- 
portion of  the  debt  of  the  county  of  Queens  and  of  the  town 
of  Hempstead  as  shall  be  ascertained  as  hereinafter  prescribed, 
which  now  exist  as  legal  obligations,  shall  be  deemed  like  obli- 
gations of  The  City  of  New  York,  and  all  such  obligations  as 
are  authorized  or  required  to  be  hereafter  issued  or  entered 
into,  shall  be  issued  or  entered  into  by  and  in  the  name  of  the 
corporation  of  The  City  of  New  York. 

Laws  relating  to  the  creation  and  payment  of  debts  to  remain  in  force; 
common  debt;  taxation. 

§  5.  All  laws,  or  parts  of  laws,  heretofore  passed  creating 
any  debt  or  debts  of  the  municipal  and  public  corporations 
united  and  consolidated  as  aforesaid,  or  for  the  payment  of 
such  debts,  or  respecting  the  same,  as  well  as  every  such  law 
respecting  the  debts  of  the  corporation  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New  Yprk,  shall 


OHARTEE;  OF  NEW  YORK  CITY. 


5 


remain  in  full  force  and  effect,  except  that  the  same  shall  be 
carried  out  by  the  corporation  hereby  constituted,  to  wit :  The 
City  of  New  York,  and  under  such  name  and  in  such  form  and 
manner  as  may  be  suitable  to  the  administration  of  said  corpo- 
ration; and  all  the  pledges,  taxes,  assessments,  sinking  funds, 
and  other  revenues  and  securities  provided  by  law  for  the 
payment  of  the  debts  of  the  municipal  and  public  corporations 
aforesaid,  shall  be  in  good  faith  enforced,  maintained  and  car- 
ried out  by  the  corporation  of  The  City  of  New  York.  All  the 
valid  debts  of  the  municipal  and  public  corporations  mentioned 
in  the  first  section  of  this  act,  including  the  county  of  Kings 
and  the  county  of  Richmond  and  the  proportion  of  the  debt  of 
the  county  of  Queens  and  of  the  town  of  Hempstead  aforesaid, 
and  the  valid  debts  of  the  towns,  incorporated  villages,  and 
school  districts  herein  united  and  consolidated  with  the  corpo- 
ration heretofore  known  as  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York  into  The  City  of  New  York,  as 
well  as  the  debts  of  the  latter  corporation,  shall  be  the  common 
debt  of  The  City  of  New  York,  as  hereby  constituted.  So  far 
as  resort  to  taxation  is  authorized  or  necessary  to  pay  such 
debts,  such  taxation  shall  extend  equally  throughout  the  terri- 
tory of  the  corporation  herein  constituted,  except  that  all 
assessments  for  benefits,  heretofore  laid  or  provided  to  be  laid 
for  the  payment  of  any  portion  of  such  debts,  or  to  reimburse 
any  of  the  said  municipal  and  public  corporations  which  created 
such  debt,  in  respect  thereof,  shall  be  preserved  and  enforced, 
it  being  the  intent  hereof  that  the  obligations  and  liability  of 
The  City  of  New  York,  as  the  successor  of  municipalities  and 
public  corporations  consolidated  into  it,  shall  be  the  same  as, 
and  not  otherwise  greater  than,  the  respective  obligations  and 
liabilities  of  the  several  constituent  corporations,  and  that  The 
City  of  New  York  shall  succeed  to  all  of  their  rights  as  well 
as  to  their  obligations  and  liabilities  in  respect  thereof,  except 
as  herein  otherwise  specially  provided. 

Effect  where  only  a  part  of  a  corporation  is  annexed, 

§  6.  Where  part  only  of  the  territory  of  a  municipal  or 
public  corporation  is  embraced  by  this  act  within  the  limits  of 
The  City  of  New  York,  as  herein  constituted,  the  respective 
rights,  duties  and  liabilities  of  the  said  city  and  of  the  munic- 
ipal or  public  corporations  part  of  whose  territory  is  so  annexed 
to  the  said  city,  shall  be  as  in  this  act  provided.  If  any  case 
shall  arise  for  which  this  act  does  not  make  provision,  or  full 


6 


LAWS  OF  NEW  YORK. 


and  adequate  provision  arising  out  of  such  annexation,  or  out 
of  the  consolidation  herein  provided  for,  the  board  of  aldermen 
may  by  ordinance  make  provision  for  such  case,  or  for  its 
equitable  determination,  so  far  as  concerns  The  City  of  New 
York. 

Same  subject;  creation  of  debt. 

§  7.  No  municipal  or  public  corporation,  part  of  whose  terri- 
tory is  annexed  to  The  City  of  New  York,  shall  hereafter  create 
any  debt  which  shall  bind  property  within  The  City  of  New 
York,  nor  shall  such  municipal  or  public  corporation  levy  any 
♦tax  or  assessment  upon  property  within  The  City  of  New 
York,  as  herein  constituted. 

Transfer  of  property;  counties  not  to  become  indebted. 

§  8.  In  consideration  of  the  foregoing  provisions  whereby 
The  City  of  New  York,  as  hereby  constituted,  assumes  as 
aforesaid  the  valid  debts,  obligations  and  liabilities  of  the 
municipal  and  public  corporations  including  the  counties, 
towns,  incorporated  villages  and  school  districts  as  aforesaid, 
and  to  carry  out  the  scheme  and  purpose  of  this  act,  all  of  the 
public  buildings,  institutions,  public  parks,  water  works  and 
property  of  every  character  and  description,  whether  of  a 
public  or  private  nature,  heretofore  owned  and  controlled  by 
any  of  the  said  municipal  and  public  corporations  or  parts 
thereof,  hereby  consolidated  into  The  City  of  New  York,  in- 
cluding any  and  all  such  property  owned  by  the  county  of 
New  York,  the  county  of  Kings,  and  the  county 
of  Richmond,  wherever  situated,  and  by  the  county 
of  Queens  situated  in  that  portion  thereof,  which  is 
included  within  the  limits  of  The  City  of  New  York, 
as  constituted  by  this  act,  and  all  the  right,  title 
and  interest  of  the  said  municipal  and  public  corporations  and 
counties  as  aforesaid,  or  any  of  them,  in  and  to  such  property, 
are  hereby  vested  in  The  City  of  New  York  and  divested  out 
of  the  said  corporations  and  counties,  and  the  power  of  said 
municipal  and  public  corporations  and  of  the  said  counties  of 
New  York,  Kings,  Queens  and  Richmond  to  become  in- 
debted, shall  cease  upon  the  consummation  and  taking  effect 
of  the  consolidation  herein  provided  for. 

Former  funds;  payable  to  The  City  of  New  York. 

§  9.  All  funds  and  moneys  which,  on  the  first  day  of  Janu- 
ary, eighteen  hundred  and  ninety-eight,  shall  be  held  by  or  be 


CHARTER  OF  NEW  YORK  CITY. 


7 


payable  to  the  receiver  of  taxes  or  the  county  treasurer  of  the 
county  of  Richmond,  or  to  any  officer  of  any  of  the  municipal 
and  pubHc  corporations,  or  parts  of  municipal  and  public  cor- 
porations, hereby  consolidated  with  the  corporation  heretofore 
known  as  the  mayor,  aldermen  and  commonalty  of  the  city  of 
New  York,  as  well  as  all  funds  and  moneys  then  held  by  or 
payable  to  any  officer  of  said  last-named  corporation,  shall  be 
deemed  to  be  held  by  and  be  payable  to  the  corporation  of  The 
City  of  New  York,  constituted  by  this  act,  solely  as  the  funds 
and  moneys  of  said  corporation,  and  upon  the  day  aforesaid 
shall -be  delivered  to  the  officer  of  said  corporation  entitled  by 
this  act  to  hold  and  control  the  same.  All  taxes  levied  against 
the  town  of  Hempstead  in  the  year  eighteen  hundred  and 
ninety-seven  shall  be  collectible  and  payable  according  to  the 
provisions  of  the  existing  laws. 

Expenses  of  the  city  for  the  years  1898  and  1902. 

§  10.  In  the  year  eighteen  hundred  and  ninety-seven  it  shall 
be  the  duty  of  the  proper  authorities  of  the  vanous  municipal 
and  public  corporations  consolidated  by  this  act  into  The  City 
of  New  York,  to  prepare  a  budget  for  the  year  eighteen  hun- 
dred and  ninety-eight,  as  required  by  existing  law,  and  to  levy 
taxes  for  the  year  eighteen  hundred  and  nmety-eight  in  the 
year  eighteen  hundred  and  ninety-seven,  as  required  by  existing 
law,  as  though  such  municipal  and  public  corporations  were 
not  to  be  consolidated  into  The  City  of  New  York ;  and  in  so 
far  as  such  taxes  shall  remain  uncollected  on  the  first  day  of 
January,  eighteen  hundred  and  ninety-eight,  they  shall  become 
valid  liens  due  to  the  corporation  by  this  act  constituted,  and 
shall  be  collected  by  it  through  the  appropriate  officers  of  The 
City  of  New  York,  as  hereby  constituted,  pursuant  in  all 
respects  to  the  laws  under  which  said  taxes  were  levied  and 
were  to  be  collected.  On  and  after  January  first,  eighteen 
hundred  and  ninety-eight,  the  funds  received  by  the  chamber- 
lain of  The  City  of  New  York,  under  this  act,  and  the  proceeds 
of  revenue  bonds  issued  in  anticipation  of  the  taxes  for  the 
year  eighteen  hundred  and  ninety-eight  in  The  City  of  New 
York,  as  constituted  prior  to  the  passage  of  this  act,  and  the 
proceeds  of  the  tax  levy  therein  of  the  year  eighteen  hundred 
and  ninety-eight,  may  be  used  for  the  expenses  of  The  City  of 
New  York,  as  constituted  by  this  act,  in  such  manner  as  the 
board  of  estimate  and  apportionment  for  that  year  may  deter- 
mine; and  it  shall  be  the  duty  of  the  board  of  estimate  and 


8 


LAWS  OF  NEW  YORK. 


apportionment  to  apportion  the  said  funds  to  the  various  city 
departments  as  created  by  this  act,  so  that  such  funds  shall  be 
used  as  nearly  as  may  be,  for  the  objects  for  which  they  were 
raised.  The  board  of  estimate  and  apportionment,  during  the 
year  eighteen  hundred  and  ninety-eight,  shall  have  power  to 
direct  the  issue  of  revenue  bonds  of  The  City  of  New  York,  to 
be  redeemed  out  of  the  tax  to  be  paid  in  the  year  eighteen  hun- 
dred and  ninety-nine,  for  such  purposes  and  in  such  amounts 
as  may  be  necessary  to  provide  for  the  efficient  conduct  of  the 
city  in  all  its  departments,  during  the  year  eighteen  hundred 
and  ninety-eight,  provided  that  the  sums  so  raised  in  the  year 
eighteen  hundred  and  ninety-eight  shall  be  subject  to  be  raised 
by  taxation  upon  the  various  boroughs  on  the  basis  elsewhere 
provided  in  this  act.  Between  January  first  and  May  first  in 
the  year  nineteen  hundred  and  two  the  board  of  estimate  and 
apportionment  shall  have  power  from  time  to  time  to  alter, 
modify  and  amend  the  budget  for  the  year  nineteen  hundred 
and  two;  to  change  the  titles,  terms  and  conditions  of  appro- 
priations contained  therein;  to  add  new  appropriations  and 
abolish  any  that  may  be  found  unnecessary ;  and  in  furtherance 
of  these  purposes  shall  have  the  power,  if  additional  funds  be 
required,  to  direct  the  comptroller  to  issue  special  revenue 
bonds  redeemable  from  the  tax  levy  of  the  year  nineteen  hun- 
dred and  three. 

CHAPTER  II. 
Legislative  Department. 

Legislative  power;  where  vested. 

§  17.  The  legislative  power  of  The  City  of  New  York  shall 
be  vested  in  one  house  to  be  known  and  styled  as  "  The  Board 
of  Aldermen  of  The  City  of  New  York." 

Board  of  aldermen;  president;  quorum;  salaries;  vacancies,  how 
filled. 

§  18.  The  board  of  aldermen  shall  consist  of  members 
elected  one  from  each  of  the  aldermanic  districts  hereinafter 
provided  for  and  of  the  president  of  the  board  of  aldermen  and 
of  the  presidents  of  the  several  boroughs.  The  president  of 
the  board  of  aldermen  shall  be  chosen  on  a  general  ticket  by 
the  qualified  voters  of  the  city  at  the  same  time  and  for  the 
same  term  as  herein  prescribed  for  the  mayor.  He  shall  be 
known  as  the  president  of  the  board  of  aldermen,  and  shall, 
except  as  herein  provided,  possess  all  the  rights,  privileges 


CHARTER  OF  NEW  YORK  CITY. 


9 


and  powers,  and  perform  the  duties  which  on  December 
thirty-tirst,  eighteen  hundred  and  ninety-seven,  were  con- 
ferred or  imposed  by  law  upon  the  president  of  the  board 
of  aldermen  of  the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York.  The  aldermen  shall  be  elected 
at  the  general  election  in  the  year  nineteen  hundred  and 
one,  and  every  two  years  thereafter.  The  term  of  office 
of  each  member  of  the  board  of  aldermen  shall  commence  on 
the  first  day  of  January  after  his  election,  and  sliall  continue 
for  two  years  thereafter.  The  phrase,  all  the  members  of 
the  board  of  aldermen,  wherever  used  in  this  act,  shall  be 
taken  and  held  to  mean  all  the  members  of  said  board,  includ- 
ing the  president  of  the  board  of  aldermen  and  the  presidents 
of  the  several  boroughs.  The  phrase,  members  elected  to  the 
board  of  aldermen,  wherever  used  in  this  act,  shall  be  taken 
and  held  to  mean  all  the  members  of  said  board,  except  the 
president  of  the  board  of  aldermen  and  the  presidents  of  the 
several  boroughs.  Any  vacancy  which  may  occur  among  the 
members  elected  to  the  board  of  aldermen  shall  be  filled  by 
election  by  a  majority  of  all  the  members  elected  thereto,  of 
a  person  who  must  be  of  the  same  political  party  as  the  mem- 
ber whose  place  has  become  vacant;  and  the  person  so  elected 
to  fill  any  such  vacancy  shall  serve  for  the  unexpired  portion 
of  the  term.  A  majority  of  all  the  members  of  the  board  of 
aldermen  shall  constitute  a  quorum.  The  salary  of  the  presi- 
dent of  the  board  shall  be  five  thousand  dollars  a  year,  and 
the  salaries  of  the  aldermen  shall  be  one  thousand  dollars  a 
year. 

Aldermanic  districts. 

§  19.  The  City  of  New  York  is  hereby  divided  into 
seventy-three  aldermanic  districts  as  follows:  Each  of  the 
assembly  districts  lying  wholly  or  in  part  within  said  territory 
as  the  same  existed  on  the  first  day  of  January,  one  thousand 
nine  hundred  and  one,  shall  constitute  a  separate  aldermanic 
district  except  as  herein  provided;  the  twenty-first  assembly 
district  of  the  county  of  New  York  is  hereby  divided  into  two 
aldermanic  districts  as  follows:  That  portion  of  the  twenty- 
first  assembly  district  bounded  on  the  north  by  West  One 
Hundred  and  First  street  from  the  Hudson  river  to  Amster- 
dam avenue,  to  West  One  Hundred  and  Second  street  to 
Central  Park  west;  on  the  south  by  West  Eighty-ninth  street 
from  the  Hudson  river  to  Amsterdam  avenue,  to  West 
Eighty-sixth  street  to  Columbus  avenue,  to  West  Eighty- 
first  street  to  Central  Park  west;  on  the  west  by  the  Hudson 
river  from  West  Eighty-ninth  street  to  West  One  Hundred 


10 


LAWS  OF  NEW  YORK. 


and  First  street;  on  the  east  by  Central  Park  west  from  West 
Eighty-first  street  to  West  One  Hundred  and  Second  street 
shall  constitute  a  separate  aldermanic  district,  and  that  por- 
tion of  the  said  twenty-first  assembly  district  bounded  on 
the  north  by  West  One  Hundred  and  Nineteenth  street  from 
the  Hudson  river  to  Broadway,  to  West  One  Hundred  and 
Twentieth  street  to  Seventh  avenue,  to  West  One  Hundred 
and  Tenth  street  to  Fifth  avenue;  on  the  south  by  West  One 
Hundred  and  First  street  from  the  Hudson  river  to  Amster- 
dam avenue,  to  West  One  Hundred  and  Second  street  to 
Central  Park  west  to  West  Ninety-seventh  street  across  the 
Central  park  to  Fifth  avenue;  on  the  west  by  the  Hudson 
river  from  West  One  Hundred  and  First  street  to  West  One 
Hundred  and  Nineteenth  street;  on  the  east  by  Fifth  avenue 
from  West  Ninety-seventh  street  to  West  One  Hundred  and 
Tenth  street  shall  constitute  a  separate  aldermanic  district. 
The  twenty-third  assembly  district  of  the  county  of  New 
York  is  hereby  divided  into  two  aldermanic  districts  as  fol- 
lows: That  portion  of  the  twenty-third  assembly  district 
bounded  on  the  north  by  West  One  Hundred  and  Forty-third 
street  from  the  Hudson  river  to  Seventh  avenue,  to  the 
Harlem  river  to  Fifth  avenue;  on  the  south  by  West  One 
Hundred  and  Nineteenth  street  from  the  Hudson  river  to 
Broadway,  to  West  One  Hundred  and  Twentieth  street  to 
Eighth  avenue,  to  West  One  Hundred  and  Thirty-fourth 
street  to  Fifth  avenue;  on  the  west  by  the  Hudson  river  from 
West  One  Hundred  and  Nineteenth  street  to  West  One  Hun- 
dred and  Forty-third  street;  on  the  east  by  Fifth  avenue  from 
West  One  Hundred  and  Thirty-fourth  street  to  the  Harlem 
river  shall  constitute  a  separate  aldermanic  district,  and  that 
portion  of  the  said  twenty-third  assembly  district  bounded 
on  the  north  by  the  Harlem  river  from  the  Hudson  river  to 
Spuyten  Duyvil  creek  to  the  Harlem  river;  on  the  south  by 
West  One  Hundred  and  Forty-third  street  from  the  Hudson 
river  to  Seventh  avenue;  on  the  west  by  the  Hudson  river 
from  West  One  Hundred  and  Forty-third  street  to  the  Har- 
lem river;  on  the  east  by  the  Harlem  river  from  Spuyten 
Duyvil  creek  to  Seventh  avenue  shall  constitute  a  separate 
aldermanic  district.  The  thirty-first  assembly  district  of  the 
county  of  New  York  is  hereby  divided  into  two  aldermanic 
districts  as  follows:  That  portion  of  the  said  thirty-first  as- 
sembly district  bounded  on  the  north  by  West  One  Hundred 
and  Twenty-second  street  from  Eighth  avenue  to  Lenox 
avenue,  to  West  One  Hundred  and  Twenty-sixth  street,  to 


CHARTER  OF  NEW  YORK  CITY. 


11 


East  One  Hundred  and  Twenty-sixth  street  and  Park  ave- 
nue; on  the  south  by  West  One  Hundred  and  Twentieth 
street  from  Eighth  avenue  to  Seventh  avenue;  to  West  One 
Hundred  and  Tenth  street,  to  East  One  Hundred  and  Tenth 
street  and  Park  avenue;  on  the  west  by  Eighth  avenue  from 
West  One  Hundred  and  Twentieth  street  to  West  One  Hun- 
dred and  Twenty-second  street;  on  the  east  by  Park  avenue 
from  East  One  Hundred  and  Tenth  street  to  East  One  Hun- 
dred and  Twenty-sixth  street  shall  constitute  a  separate 
aldermanic  district,  and  that  portion  of  said  thirty-first  as- 
sembly district  bounded  on  the  north  by  West  One  Hundred 
and  Thirty-fourth  street  from  Eighth  avenue  to  Fifth  avenue, 
to  East  One  Hundred  and  Twenty-ninth  street  to  Park  ave- 
nue; on  the  south  by  West  One  Hundred  and  Twenty-second 
street  from  Eighth  avenue  to  Lenox  avenue,  to  West  One 
Hundred  and  Twenty-sixth  street,  to  East  One  Hundred  and 
Twenty-sixth  street  and  Park  avenue;  on  the  west  by  Eighth 
avenue  from  West  One  Hundred  and  Twenty-second  street 
to  West  One  Hundred  and  Thirty-fourth  street;  on  the  east 
by  Park  avenue  from  East  One  Hundred  and  Twenty-sixth 
street  to  East  One  Hundred  and  Twenty-ninth  street  shall 
constitute  a  separate  aldermanic  district.  The  thirty-fourth 
assembly  district  of  the  county  of  New  York  is  hereby  divided 
into  two  aldermanic  districts  as  follows:  That  portion  ot 
the  said  thirty-fourth  assembly  district  which  lies  within  the 
borough  of  Manhattan  and  is  known  as  part  of  the  twelfth 
ward  of  said  borough  shall  constitute  a  separate  aldermanic 
district,  and  that  portion  of  said  thirty-fourth  assembly  dis- 
trict including  North  Brother  Island  which  lies  within  the 
borough  of  The  Bronx  and  is  known  as  part  of  the  twenty- 
third  ward  of  said  borough  shall  constitute  a  separate  alder- 
manic district.  The  thirty-fifth  assembly  district  of  the 
county  of  New  York  is  hereby  divided  into  four  aldermanic 
districts  as  follows:  That  portion  of  said  thirty-fifth  assembly 
district  bounded  on  the  north  by  the  southern  boundary 
line  of  the  forty-second  and  forty-third  election  dis- 
tricts as  constituted  on  the  first  day  of  January, 
nineteen  hundred  and  one,  from  the  Hudson  river 
to  Jerome  avenue;  on  the  south  by  East  One  Hundred  and 
Forty-ninth  street  from  the  Harlem  river  to  Park  avenue,  to 
East  One  Hundred  and  Fiftieth  street,  to  Morris  avenue;  on 
the  west  by  the  Harlem  river  from  East  One  Hundred  and 
Forty-ninth  street  to  Spuyten  Duyvil  creek  to  Harlem  river, 
to  Hudson  river,  to  the  southern  boundary  line  of  the  forty- 


12 


LAWS  OF  NEW  YORK. 


second  election  district  as  constituted  on  the  first  day  of 
January,  nineteen  hundred  and  one;  on  the  east  by  Park 
avenue  from  East  One  Hundred  and  Forty-ninth  street  to 
East  One  Hundred  and  Fiftieth  street  to  'Morris  avenue^  to 
Park  avenue,  to  Webster  avenue,  to  Saint  Paul's  place,  to 
Third  avenue,  to  East  One  Hundred  and  Seventy-fifth  street 
to  Bathgate  avenue,  to  East  One  Hundred  and  Seventy- 
seventh  street  to  Park  avenue,  to  Webster  avenue,  to  East 
Two  Hundredth  street,  to  Jerome  avenue,  to  the  southern 
boundary  of  the  forty-third  election  district  as  constituted  on 
the  first  day  of  January,  nineteen  hundred  and  one,  shall  con- 
stitute a  separate  aldermanic  district,  and  that  portion  of  the 
said  thirty-fifth  assembly  district  bounded  on  the  north  by 
Saint  Paul's  place  from  Webster  avenue  to  Fulton  avenue; 
on  the  south  by  East  One  Hundred  and  Forty-sixth  street 
from  Park  avenue  to  Third  avenue,  to  East  One  Hundred 
and  Forty-ninth  street  to  Beach  avenue;  on  the  west  by  Park 
avenue  from  East  One  Hundred  and  Forty-sixth  street  to 
East  One  Hundred  and  Fiftieth  street  to  Morris  avenue,  to 
Park  avenue,  to  Webster  avenue,  to  Saint  Paul's  place;  on 
the  east  by  Beach  avenue  from  East  One  Hundred  and  Forty- 
ninth  street  to  Westchester  avenue,  to  Union  avenue,  to  East 
One  Hundred  and  Sixty-first  street  to  Eagle  avenue,  to  East 
One  Hundred  and  Sixty-third  street,  to  Thi^'d  avenue,  to 
Franklin  avenue,  to  Fulton  avenue,  to  Saint  Paul's  place, 
shall  constitute  a  separate  aldermanic  district,  and  that  por- 
tion of  the  said  thirty-fifth  assembly  district  bounded  on  the 
north  by  the  boundary  line  between  the  twenty-third  and 
twenty-fourth  wards  from  Fulton  avenue  to  the  Bronx  river; 
on  the  south  by  East  One  Hundred  and  Forty-ninth  street 
from  Beach  avenue  to  Long  Island  sound,  to  the  Bronx 
river;  on  the  west  by  Beach  avenue  from  East  One  Hundred 
and  Forty-ninth  street  to  Westchester  avenue,  to  Union 
avenue,  to  East  One  Hundred  aiid  Sixty-first  street  to  Eagle 
avenue,  to  East  One  Hundred  and  Sixty-third  street  to  Third 
avenue,  to  Franklin  avenue,  to  Fulton  avenue,  to  Saint  Paul's 
place  or  boundary  line  between  the  twenty-third  and  twenty- 
fourth  wards;  on  the  east  by  the  Bronx  river  from  Long 
Island  sound  to  the  boundary  line  between  the  twenty-third 
and  twenty-fourth  wards  shall  constitute  a  separate  alder- 
manic district,  and  that  portion  of  the  said  thirty-fifth  as- 
sembly district  bounded  on  the  north  by  the  New  York  city 
line  from  the  Hudson  river  to  the  Bronx  river;  on  the  south 
by  the  southern  boundary  line  of  the  forty-second  and  forty- 


CHARTER  OF  NEW  YORK  CITY. 


13 


third  election  districts  as  constituted  on  the  first  day  of  Janu- 
ary, nineteen  hundred  and  one,  from  the  Hudson  river  to 
Jerome  avenue,  and  the  boundary  Hne  between  the  tv^enty- 
third  and  twenty-fourth  wards  from  Third  avenue  to  the 
Bronx  river;  on  the  west  by  the  Hudson  river  from  the 
southern  boundary  of  the  forty-second  election  district  as 
constituted  on  the  first  day  of  January,  nineteen  hundred  and 
one,  to  the  New  York  city  line,  and  by  Third  avenue  from 
the  boundary  line  between  the  twenty-third  and  twenty- 
fourth  wards  to  East  One  Hundred  and  Seventy-fifth  street, 
to  Bathgate  avenue,  to  East  One  Hundred  and  Seventy- 
seventh  street  to  Park  avenue^  to  Webster  avenue,  to  East 
Two  Hundredth  street,  to  Jerome  avenue,  to  southern  boun- 
dary of  the  forty-third  election  district  as  constituted  on  the 
first  day  of  January,  nineteen  hundred  and  one;  on  the  east 
by  the  Bronx  river  from  the  boundary  line  between  the 
twenty-third  and  twenty-fourth  wards  shall  constitute  a 
separate  aldermanic  district.  Chester,  as  designated  in  sec- 
tion four  hundred  and  twenty-five  of  this  act,  being  such  por- 
tions of  the  first  and  second  assembly  districts  of  the  county 
of  Westchester  as  lie  within  The  City  of  New  York,  is  hereby 
divided  into  two  aldermanic  districts  as  follows:  That  por- 
tion of  s-^'d  Chester  which  is  bounded  on  the  north  by  the 
New  York  city  lines;  on  the  south  by  the  old  Boston  post 
road  from  the  Bronx  river  to  Fordham  and  Pelham  avenue 
(Bronx  and  Pelham  park  way)  to  Westchester  creek;  on 
the  west  by  the  Bronx  river  from  the  old  Boston  post  road 
to  the  New  York  city  line;  on  the  east  by  Westchester  creek, 
Givan's  creek  and  Hutchinson's  river  to  the  New  York  city 
line  formerly  known  as  parts  of  former  towns  of  Eastchester 
and  Westchester  of  the  county  of  Westchester,  shall  con- 
stitute a  separate  aldermanic  district,  and  that  portion  of  said 
Chester  which  is  bounded  on  the  north  by  the  old  Boston 
post  road  from  the  Bronx  river  to  Fordham  and  Pelham 
avenue,  (Bronx  and  Pelham  park  way),  to  Westchester 
creek,  to  Givan's  creek,  to  Hutchinson's  river,  to  the  New 
York  city  line  to  Long  Island  sound;  on  the  south  by  Long 
Island  sound;  on  the  west  by  the  Bronx  river  from  the  old 
Boston  post  road  to  Long  Island  sound;  on  the  east  by  Long 
Island  sound,  including  the  islands  which  lie  within  The  City 
of  New  York  belonging  to  the  former  town  of  Pelham,  and 
which  parts  were  formerly  known  as  the  towns  of  West- 
chester and  Pelham  of  the  county  of  Westchester,  shall  con- 
stitute a  separate  aldermanic  district.    New  Utrecht,  as 


u 


LAWS  OF  NEW  YORK. 


designated  in  section  four  hundred  and  twenty-five  of  this 
act,  being  the  seventh  assembly  district  of  the  county  of 
Kings,  and  known  as  a  portion  of  the  eighth,  thirtieth  and 
thirty-first  wards  of  the  borough  of  Brooklyn,  is  hereby 
divided  into  two  aldermanic  districts  as  follows:  That  por- 
tion of  said  New  Utrecht  which  is  known  as  a  portion  of  the 
eighth  ward  of  the  borough  of  Brooklyn,  which  lies  within 
the  seventh  assembly  district  of  the  county  of  Kings,  shall 
constitute  a  separate  aldermanic  district,  and  that  portion  of 
said  New  Utrecht  which  is  known  as  the  thirtieth  and  thirty- 
first  wards  of  the  borough  of  Brooklyn  which  lies  within  the 
seventh  assembly  district  of  the  county  of  Kings 
shall  constitute  a  separate  aldermanic  district.  Newtown, 
as  designated  in  section  four  hundred  and  twenty- 
five  of  this  act,  being  the  first  assembly  district  of  the 
county  of  Queens,  is  hereby  divided  into  two  aldermanic  dis- 
tricts as  follows!  That  portion  of  said  Newtown  which  was 
heretofore  known  as  Long  Island  City,  being  the  first  ward 
of  the  borough  of  Queens,  shall  constitute  a  separate  alder- 
manic district,  and  that  portion  of  the  said  Newtown  which 
was  heretofore  known  as  the  town  of  Newtown,  being  the 
second  ward  of  said  borough  of  Queens,  shall  constitute  a 
separate  aldermanic  district.  Jamaica,  as  designated  in  sec- 
tion four  hundred  and  twenty-five  of  this  act,  being  the 
second  assembly  district  of  the  county  of  Queens,  and  so 
much  of  the  third  assembly  district  of  said  county  as  lies 
within  the  city  of  New  York  is  hereby  divided  into  two 
aldermanic  districts  as  follows:  That  portion  of  said  Jamaica 
which  was  heretofore  known  as  the  town  of  Flushing,  being 
the  third  ward  of  the  borough  of  Queens,  shall  constitute  a 
separate  aldermanic  district,  and  that  portion  of  said  Jamaica 
which  was  heretofore  known  as  the  town  of  Jamaica,  being 
the  fourth  ward  of  said  borough  of  Queens,  together  with 
that  portion  of  said  Jamaica  which  comprises  that  portion  of 
the  third  assembly  district  of  the  county  of  Queens  as  lies 
within  The  City  of  New  York,  and  which  was  heretofore 
known  as  part  of  the  town  of  Hempstead, being  the  fifth  ward 
of  said  borough  of  Queens,  shall  constitute  a  separate  alder- 
manic district.  Staten  Island,  as  designated  in  section  four 
hundred  and  twenty-five  of  this  act,  being  the  county  of 
Richmond,  is  hereby  divided  into  three  aldermanic  districts 
as  follows:  That  portion  of  said  Staten  Island  which  was 
heretofore  known  as  the  town  of  Castleton,  being  the  first 
ward  of  the  borough  of  Richmond,  shall  constitute  a  separate 


CHARTER  OF  NEW  YORK  CITY. 


15 


aldermanic  district,  and  those  portions  of  said  Staten  Island 
which  were  heretofore  known  as  the  towns  of  Middletown 
and  Southfield,  being  the  second  and  fourth  wards  of  said 
borough  of  Richmond,  shall  together  constitute  ii  separate 
aldermanic  district,  and  those  portions  of  said  Staten  Island 
which  were  heretofore  known  as  the  towns  of  Northfield  and 
Westfield,  being  the  third  and  fifth  wards  of  said  borough  of 
Richmond,  shall  together  constitute  a  separate  aldermanic 
district.  In  case  the  board  of  elections  or  any  jawful  au- 
thority shall  hereafter  alter  the  boundaries  of  any  of  the 
election  districts  into  which  The  City  of  New  York  is  divided 
at  the  time  of  the  passage  of  this  act,  such  alterations  shall 
be  so  made  that  no  election  district  shall  contain  portions  of 
any  two  aldermanic  districts.  The  board  of  elections  of  The 
City  of  New  York  shall  within  thirty  days  after  the  passage 
of  this  act  cause  to  be  filed  in  the  ofiice  of  the  clerks  of  the 
counties  of  New  York,  Kings,  Queens  and  Richmond,  a  de- 
scription of  each  of  said  aldermanic  districts,  specifying  the 
number  of  each  district.  The  said  board  of  elections  shall 
also  whenever  necessary  complete  the  description  of  the 
boundaries  of  any  aldermanic  district,  but  such  aldermanic 
districts  shall  not  be  affected  by  any  change  in  the  assembly 
district  lines. 

Qualification  of  members  of  the  board  of  aldermen, 

§  20.  Any  citizen  of  the  United  States  who  is  a  resident  of 
The  City  of  New  York  shall  be  eligible  for  election  to  the 
board  of  aldermen  in  any  one  of  the  aldermanic  districts. 

Time  of  meeting  of  board  of  aldermen. 

§  22.  The  first  meeting  of  the  board  of  aldermen  in  each 
year  shall  be  held  on  the  first  Monday  of  January,  at  noon. 

When  president  of  board  of  aldermen  to  act  as  mayor;  powers;  tem- 
porary chairman  of  board  of  aldermen. 

§  23.  Whenever  there  shall  be  a  vacancy  in  the  office  of 
mayor,  or  whenever,  by  reason  of  sickness  or  absence  from 
the  city,  the  mayor  shall  be  prevented  from  attending  to  the 
duties  of  his  office,  the  president  of  the  board  of  aldermen 
shall  act  as  mayor,  and  possess  all  the  rights  and  powers. of 
mayor  during  such  disability  or  absence.  In  case  of  a  vacancy 
he  shall  so  act  until  noon  of  the  first  day  of  January  succeed- 
ing the  election  at  which  the  mayor's  successor  shall  be 


16 


LAWS  OF  NEW  YORK. 


chosen.  It  shall  not  be  lawful  for  the  president  of  the  board 
of  aldermen,  when  acting  as  mayor  in  consequence  of  the 
sickness  or  absence  from  the  city  of  the  mayor,  to  exercise 
any  power  of  appointment  to  or  removal  from  office,  unless 
such  sickness  or  absence  of  the  mayor  shall  have  continued 
thirty  days;  or  to  sign,  approve,  or  disapprove  any  ordinance 
or  resolution  unless  such  sickness  or  absence  shall  have  con- 
tinued at  least  nine  days.  The  board  of  aldermen,  shall  elect 
a  vice-chairman  to  preside  over  its  meetings,  who  shall  pos- 
sess the  powers  and  perform  the  duties  of  the  president  of  the 
board  of  aldermen,  when  the  president  is  sick,  absent  or  under 
suspension,  or  while  the  president  of  the  board  of  aldermen 
is  acting  as  mayor,  or  when  a  vacancy  occurs  in  said  office, 
and  who  shall,  during  such  time,  be  a  member  of  every  board 
of  which  the  president  of  said  board  of  aldermen  is  a  member 
by  virtue  of  his  office. 

Heads  of  departments;  seats  in  board  of  aldermen;  when  required 
to  attend. 

§  25.  Each  head  of  an  administrative  department  of  the  city 
shall  be  entitled  to  a  seat  in  the  board  of  aldermen  and  shall 
whenever  required  by  it  attend  its  meetings.  He  shall  answer 
all  questions  put  to  him  by  any  member  relating  to  the  affairs 
of  his  department,  provided  he  shall  have  received  forty-eight 
hours  written  notice  thereof,  and  of  the  questions  to  be  put. 
He  shall  have  the  right  to  participate  in  the  discussions  of  said 
board,  but  shall  not  have  the  right  to  vote.  If  an  adminis- 
trative department  is  composed  of  more  than  one  member, 
the  president  or  presiding  officer  of  such  department  shall  be 
entitled  to  such  seat. 

Board  of  aldermen;  sergeant=at==arms;  rules;  journal;  sittings;  ex- 
pulsion of  members. 

§  27.  The  board  of  aldermen  may  elect  a  sergeant-at-arms 
and  such  assistants  as  are  needful  to  the  orderly  conduct  of 
its  meetings,  provided,  however,  that  no  expenditures  for 
salaries  for  such  sergeant-at-arms  and  such  assistants  shall 
exceed  the  amount  appropriated  therefor  in  the  annual  bud- 
get. The  board  of  aldermen  shall  determine  the  rules  of  its 
own  proceedings;  shall  be  the  judge  of  the  election  returns 
and  qualifications  of  its  own  members,  subject,  however,  to 
review  by  certiorari  of  any  court  of  competent  jurisdiction; 
shall  keep  a  journal  of  its  proceedings;  shall  sit  with  open 
doors;  shall  have  authority  to  compel  the  attendance  of  absent 


CHARTER  OF  NEW  YORK  CITY. 


IT 


members  and  to  punish  its  members  for  disorderly  behavior, 
and  to  expel  any  member  with  the  concurrence  of  two-thirds 
of  all  the  members  elected  to  the  board  of  aldermen.  Every 
member  so  expelled  shall  thereby  forfeit  all  his  rights  and 
powers,  subject,  however,  to  judicial  review  on  certiorari. 

City  clerk;  appointment;  term;  duties;  papers  certified  by  him;  how 
far  admissible  in  evidence;  fees  for  certification. 

§  28.  The  board  of  aldermen  shall,  whenever  a  vacancy 
occurs  in  the  office  of  city  clerk,  appoint  a  clerk,  who  shall 
perform  such  duties  as  may  be  prescribed  for  him.  The  clerk 
so  appointed  shall  also  be  the  city  clerk  and  the  clerk  of  the 
board  of  aldermen,  and  shall  hold  his  office  for  six  years,  and 
until  his  successor  shall  be  appointed  and  has  qualified,  unless 
removed  for  cause.  The  city  clerk  shall  have  charge  of  all 
the  papers  and  documents  of  the  city,  except  such  as  are  by 
law  committed  to  the  keeping  of  the  several  departments  or 
of  other  officers,  and  except  as  provided  in  section  one  hun- 
dred and  thirty-six  of  this  act  as  amended.  He  shall  keep 
the  record  of  the  proceedings  of  the  board  of  aldermen.  He 
shall  also  keep  a  separate  record  of  all  the  ordinances  of  the 
board  of  aldermen  in  a  book  to  be  provided  for  that  purpose, 
with  proper  indices,  which  book  shall  be  deemed  a  public 
record  of  such  ordinances,  and  each  ordinance  shall  be  at- 
tested by  said  clerk.  Copies  of  all  papers  duly  filed  in  his 
office,  and  transcripts  thereof,  and  of  the  records  of  proceed- 
ings of  the  board  of  aldermen,  and  copies  of  the  laws  and  ordi- 
nances of  said  city,  certified  by  him  under  the  corporate  seal, 
shall  be  admissible  in  evidence  in  all  courts  and  places  in  the 
same  manner  and  for  the  same  purposes  as  papers  or  docu- 
ments similarly  authenticated  by  the  clerk  of  a  county.  Said 
city  clerk  may  be  removed  on  charges  by  a  two-thirds  vote  of 
all  the  members  of  the  board  of  aldermen,  subject,  however, 
to  judicial  review  on  certiorari.  He  shall  collect  the  fol- 
lowing fees:  For  a  copy  of  any  book,  account,  record 
or  other  paper  filed  in  his  office,  five  cents  for  each  folio;  for 
a  certification  of  any  book,  account,  record  or  other  paper  filed 
in  his  office,  twenty-five  cents,  and  five  cents  in  addition  for 
each  folio  in  excess  of  five;  for  each  bond  filed  in  his  office, 
twelve  cents ;  for  filing  all  other  papers,  required  by  law  to  be 
filed  in  his  office,  six  cents ;  for  a  certificate  of  appointment  o-f 
a  commissioner  of  deeds,  twenty-five  cents. 


18 


LAWS  OF  NEW  YORK. 


City  clerk;  proceedings  of  board  of  aldermen. 

§  29.  Immediately  after  the  adjournment  of  each  meeting 
of  the  board  of  aldermen,  it  shall  be  the  duty  of  the 
city  clerk  to  prepare  a  brief  extract,  omitting  all 
technical  and  formal  details,  of  all  resolutions  and  ordi- 
nances introduced  or  passed,  and  of  all  recommendations  of 
committees,  and  of  all  final  proceedings,  as  well  as  full  copies 
of  all  messages  from  the  mayor  and  all  reports  of  departments 
or  officers.  He  shall  at  once  transmit  the  same  to  the  person 
appointed  to  supervise  the  publication  of  the  City  Record  to  be 
published  therein. 

Certain  ordinances  and  resolutions,  how  passed  and  approved;  ayes 
and  noes  published. 

§  30.  No  ordinance  or  resolution  providing  for  or  contem- 
plating the  alienation  or  disposition  of  any  property  of  the 
city,  the  granting  of  a  franchise,  terminating  the  lease  of  any 
property  or  franchise  belonging  to  the  city,  or  the  making  of 
any  specific  improvement,  or  the  appropriation  or  expenditure 
of  public  moneys,  or  authorizing  the  incurring  of  any  expense, 
or  the  taxing  or  assessing  of  property  in  the  city,  shall,  unless 
by  unanimous  consent,  be  finally  passed  or  adopted  by  the 
board  of  aldermen  until  at  least  five  days  after  such  abstract 
of  its  provisions  shall  have  been  pubHshed,  as  provided 
in  section  twenty-nine.  No  such  ordinance  or  resolution  shall 
be  approved  by  the  mayor  until  three  days  after  such  abstract 
shall  have  been  so  published  after  its  passage ;  but  if  an  abstract 
of  any  resolution  or  ordinance  shall  have  been  once  published 
after  its  introduction,  it  shall  not  thereafter  be  necessary  to 
publish  the  same  again,  but  only  to  refer  to  the  date  and  page 
of  the  former  publication  in  the  City  Record,  and  to  state  the 
amendments,  if  any,  made  thereto.  In  all  cases  the  ayes  and 
noes  upon  the  final  passage  of  such  resolution  or  ordinance 
shall  be  taken,  recorded  and  published. 

Records  open  for  inspection;  other  duties  of  clerk;  sickness. 

§  31.  It  shall  be  the  duty  of  the  city  clerk  to  keep  open  for 

inspection  at  all  reasonable  times,  the  records  and  minutes 
of  the  proceedings  of  the  board  of  aldermen.  He  shall 
keep  the  seal  of  the  city,  and  his  signature  shall 
be  necessary  to  all  leases  by  the  city  of  its  property,  and 
to  all  grants  and  other  documents,  as  under  existing  laws.  In 
the  absence  of  said  clerk  by  sickness  or  otherwise,  his  first 


CHARTER  OF  InEVv  YORK  CITY.  19 


deputy  shall  be  vested  with  and  possessed  of  all  the  rights  and 
powers,  and  be  charged  with  all  the  duties  by  this  section  or 
by  law  or  ordinance  imposed  upon  said  clerk. 

Id.;  records  and  papers  delivered  to  and  kept  by  the  city  clerk; 
clerks  in  boroughs. 

§  32.  All  the  muniments,  records,  patents,  deeds,  minutes, 
writings  and  papers  belonging  to  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York,  which  were  in 
the  custody  of  the  clerk  of  the  board  of  aldermen  thereof  on 
the  thirty-first  day  of  December,  eighteen  hundred  and  ninety- 
seven,  shall  be  delivered  to  and  kept  by  the  city  clerk.  The  city 
clerk  shall,  except  as  otherwise  expressly  provided  in  this  act, 
be  the  custodian  of  all  like  muniments,  records,  patents,  deeds, 
minutes,  writings  and  other  papers  belonging  to  any  of  the 
municipal  and  public  corporations  by  this  act  united  and  con- 
solidated into  The  City  of  New  York,  and  shall  have  power 
to  appoint  a  clerk  in  each  of  the  boroughs  constituted  by  this 
act,  who  shall  have  charge  of  the  same,  subject  to  the  direction 
and  control  of  said  city  clerk  or  of  the  board  of  aldermen. 

Id.;  salary  and  deputies. 

§  33.  The  salary  of  the  city  clerk  shall  be  seven  thousand 
dollars  a  year,  and  he  may  appoint  such  deputies  or  clerks  as 
are  necessary  to  the  discharge  of  his  duties. 

Licenses  to  auctioneers. 

§  34.  The  city  clerk  shall  have  authority  to  grant  licenses 
to  any  person  engaged  in  and  carrying  on  the  business  and 
occupation  of  auctioneer,  or  desiring  to  be  so  engaged,  on  such 
person  filing  a  bond,  approved  by  him,  with  two  good  sureties 
in  the  penal  sum  of  two  thousand  dollars.  The  president 
of  the  board  of  aldermen  on  complaint  of  any  person 
having  been  defrauded  by  any  auctioneer,  or  by  the  clerk, 
agent  or  assignee  of  such  auctioneer,  doing  business  in  said 
city,  is  authorized  and  directed  to  take  testimony  under  oath 
relating  thereto;  and  if  the  charge  shall,  in  his  opinion,  be 
sustained,  he  shall  revoke  the  license  granted  to  such  auc- 
tioneer, and  direct  his  bonds  to  be  forfeited. 

Board  of  aldermen;  journal;  ayes  and  noes, 

§  35.  The  board  of  aldermen  shall  keep  a  journal 
of   its    proceedings,    and    the    ayes    and    noes    of  the 


20 


LAWS  OF  NEW  YORK. 


members  on  any  question  shall,  at  the  desire  of  any  two  mem- 
bers, be  taken  and  entered  therein.  The  ayes  and  noes  shall 
be  called  and  recorded  on  the  final  passage  of  any  ordinance. 

Id.;  no  member  eligible  to  any  city  office. 

§  36.  No  member  of  the  board  of  aldermen  shall,  during 
the  term  for  which  he  is  elected,  be  eligible  or  be  appointed 
to  any  other  ofifice  under  the  city,  nor  shall  any  member  of 
said  board  of  aldermen,  while  such,  be  a  contractor  with  or  an 
employee  of  the  city  or  of  the  board  of  aldermen  in  any  capac- 
ity whatever. 

fd.;  meetings. 

§  37.  The  stated  and  occasional  meetings  of  the  board  of 
eldermen  and  its  proceedings  and  business  shall  be  regulated 
by  its  own  resolutions  and  rules,  provided,  however,  that  at 
least  one  stated  meeting  shall  be  held  each  month,  except 
in  its  discretion  in  August  and  September.  The  mayor  may 
at  any  time  call  a  special  meeting  of  the  board  of  aldermen. 
He  shall  call  such  meeting  when  a  requisition  for  that  pur- 
pose, signed  by  fifteen  members  has  been  presented  to  him. 
Three  days  before  any  special  meeting  of  the  board  of  alder- 
men is  held,  notice  of  the  time  of  the  intended  meeting  and 
of  the  business  proposed  to  be  transacted,  signed  by  the 
mayor,  shall  be  published  in  the  City  Record,  and  at  the  same 
time  the  city  clerk  shall  cause  a  copy  of  such  notice  to  be  left 
at  or  sent  by  post  to  the  usual  place  of  abode  or  of  business  of 
each  member  of  the  board  of  aldermen;  but  want  of  service 
of  a  notice  upon  any  member  shall  not  affect  the  validity  of  a 
meeting.  No  business  shall  be  transacted  at  a  special  meeting 
other  than  that  specified  in  the  notice  relating  thereto. 

Id.;  style  of  ordinances. 

§  38.  The  style  of  ordinances  shall  be :  "  Be  It  ordained  by 
the  board  of  aldermen  of  The  City  of  New  York,  as  follows: 

Id.;  vote  required  to  pass  ordinances  and  resolutions. 

§  39.  Every  legislative  act  of  the  board  of  aldermen 
shall  be  by  ordinance  or  resolution.  No  ordinance  or  resolu- 
tion shall  be  passed  except  by  a  vote  of  a  majority  of  all  the 
members  of  the  board  of  aldermen.  No  money  shall  be  ex- 
pended for  any  celebration,  procession,  funeral  ceremony,  re- 


CHARTER  OF  NEW  YORK  CITY.  21 


ception,  or  entertainment  of  any  kind  or  on  any  occasion, 
unless  by  the  votes  of  four-fifths  of  all  the  members  of  the 
board  of  aldermen.  No  additional  allowance  beyond  the 
legal  claim  which  shall  exist  under  any  contract  with  the 
corporation,  or  with  any  department  or  officer  thereof,  or 
for  any  services  on  its  account  or  in  its  employment,  shall 
ever  be  passed  by  the  board  of  aldermen,  except  by  a  unani- 
mous vote;  and  in  all  cases  the  provisions  of  any  such  contract 
shall  determine  the  amount  of  any  claim  thereunder  or  in  con- 
nection therewith,  against  the  said  corporation,  or  the  value 
of  any  such  services. 

Mayor's  veto. 

§  40.  Every  ordinance  or  resolution  shall,  before  It  takes 
efYect,  be  presented,  duly  certified,  to  the  mayor  for  his  ap- 
proval. The  mayor  shall  return  such  ordinance  or  resolution 
to  the  board  of  aldermen,  within  ten  days  after  receiving  it, 
or  at  the  next  meeting  of  the  board  of  aldermen  after  the 
expiration  of  said  ten  days,  unless  such  ordinance  or  resolu- 
tion be  one  of  those  mentioned  in  section  thirty  of  this  act, 
in  which  case  the  mayor  shall  return  said  ordinance  or  reso- 
lution within  ten  days  after  the  abstract  of  its  provi- 
sions or  a  reference  thereto  shall  have  been  published  in  the 
City  Record  as  provided  in  said  section  thirty,  or  at  the  next 
meeting  of  the  board  of  aldermen  after  the  expiration 
of  said  ten  days.  If  he  approve  it,  he  shall  sign  it.  If  he 
disapprove  it,  he  shall  specify  his  objection  thereto  in  writing. 
If  he  do  not  return  it  with  such  disapproval  within  the  time 
above  specified,  it  shall  take  effect  as  if  he  had  approved  it. 
In  case  of  disapproval,  the  objections  of  the  mayor  shall  be 
entered  at  large  on  the  journal  of  the  board  of  aldermen 
and  the  board  of  aldermen  shall,  after  ten  days,  and  within 
fifteen  days  after  such  ordinance  or  resolution  shall  have  been 
returned  to  it,  proceed  to  reconsider  and  vote  upon  the  same. 
If  the  same  shall,  on  reconsideration,  be  again  passed  by  the 
votes  of  at  least  two-thirds  of  all  the  members  of  the  board  of 
aldermen,  it  shall  take  effect;  provided  that  in  case  the  ordi- 
nance or  resolution  involves  the  expenditure  of  money,  the 
creation  of  a  debt,  or  the  laying  of  an  assessment,  it  shall 
require  a  vote  of  three-fourths  of  all  the  members  of  the  board 
of  aldermen  to  pass  it  over  the  mayor's  veto;  and  if  it  involves 
the  grant  of  a  franchise,,  the  mayor's  veto  shall  be  final.  If 
the  ordinance  or  resolution  shall  fail  to  receive  upon  the  first 
vote  upon  such  reconsideration  such  number  of  affirmative 


22 


LAWS  OF  NEW  YORK. 


votes,  it  shall  be  deemed  finally  lost.  In  all  cases  the  vote  shall 
be  taken  by  ayes  and  noes,  and  the  names  of  the  persons  vot- 
ing for  or  against  its  passage  on  such  reconsideration  shall  be 
entered  in  the  journal  of  the  house.  In  case  an  ordinance  or 
resolution  shall  embrace  more  than  one  distinct  subject,  the 
mayor  may  approve  the  provisions  relating  to  one  or  more 
subjects,  and  disapprove  the  others.  In  such  case  those  he 
shall  approve  shall  become  effective,  and  those  he  shall  not 
approve  shall  be  reconsidered  by  the  board  of  aldermen,  and 
shall  only  become  effective  if  again  passed,  as  above  provided. 

Ordinances  to  remain  in  force. 

§  41.  The  ordinances  which  on  December  thirty-first, 
eighteen  hundred  and  ninety-seven,  were  in  force  re- 
spectively in  The  City  of  New  York,  the  city  of  Brooklyn, 
Long  Island  City,  and  the  other  municipal  and  public  corpora- 
tions and  parts  thereof  consolidated  with  The  City 
of  New  York,  except  so  far  as  the  same  have  since  been  modi- 
fied, amended,  or  repealed  by  the  municipal  assembly  of  The 
City  of  New  York,  and  all  ordinances  which  on  January  first, 
nineteen  hundred  and  two,  are  in  force  in  The  City  of  New 
York,  are,  so  far  as  the  same  are  not  inconsistent  with  this 
act,  hereby  continued  in  full  force  and  effect  within  the  former 
limits  of  said  respective  cities  and  municipal  and  public  corpo- 
rations, or  parts  thereof,  subject  to  modification,  amendment 
or  repeal  by  the  board  of  aldermen  of  The  City  of  New  York. 
Such  ordinances  may  be  enforced  by  and  in  the  name  of 
"  The  City  of  New  York." 

Board  of  aldermen;  powers  and  duties  of  former  boards. 

§  42.  Except  as  otherwise  provided  in  this  act,  all  the 
powers  and  duties  which  on  December  thirty-first,  eighteen 
hundred  and  ninety-seven,  were  conferred  or  charged  upon 
the  common  council  or  the  mayor,  aldermen  and  commonalty 
of  the  city  of  New  York,  or  the  board  of  aldermen  thereof, 
or  upon  the  common  council  of  the  city  of  Brooklyn  or  of 
Long  Island  City,  or  upon  any  board,  body  or  officer  of  any 
of  the  municipal  and  public  corporations  or  parts  thereof, 
consolidated  with  The  City  of  New  York,  as  here- 
tofore known  and  bounded,  and  all  the  powers  and  duties 
which  on  January  first,  nineteen  hundred  and  two,  are  con- 
ferred or  charged  upon  the  municipal  assembly  of  The  City  of 
New  York  shall  be  exercised  and  performed  by  the  board  of 


CHARTER  OF  NEW  YORK  CITY. 


23 


aldermen  of  The  City  of  New  York,  as  hereby  constituted, 
subject,  nevertheless,  to  the  power  of  approval  or  disapproval 
by  the  mayor  of  said  city,  as  provided  in  this  act. 

Id.;  police,  health,  park,  fire  and  building  regulations. 

§  43.  The  board  of  aldermen  shall  have  power  to 
make,  estabHsh,  alter,  modify,  amend  and  repeal  all 
ordinances,  rules,  and  police,  health,  park,  fire  and 
building  regulations,  not  contrary  to  the  laws  of  the  state,  or 
the  United  States,  as  they  may  deem  necessary  to  carry  into 
effect  the  powers  conferred  upon  The  City  of  New  York  by 
this  act,  or  by  any  other  law  of  the  state,  or  by  grant;  and 
such  as  they  may  deem  necessary  and  proper  for  the 
good  government,  order  and  protection  of  persons  and 
property,  and  for  the  preservation  of  the  public  health, 
peace  and  prosperity  of  said  city  and  its  inhabitants,  ex- 
cept so  far  as  power  is  conferred  by  this  act  upon  presi- 
dents of  boroughs,  the  police,  health,  park,  and  fire  depart- 
ments respectively  to  make  rules  for  the  government  of 
the  persons  employed  in  and  by  said  departments.  Nothing 
in  this  section  contained  shall  be  construed  to  impair  the 
powers  conferred  by  this  act  upon  the  department  of  edu- 
cation; and  except  so  far  as  the  legislative  power  respecting 
the  health,  police,  park,  fire  and  building  departments  shall 
be  conferred  upon  said  departments  respectively  by  the  pro- 
visions of  this  act,  and  except  that  any  modification  of  the 
existing  rules,  regulations  and  ordinances  affecting  any  of  the 
departments  and  all  ordinances  to  be  passed  to  govern  the 
board  of  public  improvements  or  any  of  the  departments 
thereof,  must  originate  with  the  department  concerned,  or 
with  said  board,  and  must  be  adopted  or  rejected  by  the 
board  of  aldermen  without  amendment. 

Id.;  enumeration  of  powers  not  restrictive;  general  power, 

§  44.  No  enumeration  of  powers  in  this  act  shall  be  held  to 
limit  the  legislative  power  of  the  board  of  aldermen,  which, 
in  addition  to  all  enumerated  powers,  may  exercise 
all  of  the  powers  vested  in  The  City  of  New  York  by  this  act, 
or  otherwise,  by  proper  ordinances,  rules,  regulations  and  by- 
laws not  inconsistent  with  the  provisions  of  this  act,  or  with 
the  constitution  or  laws  of  the  United  States  or  of  this  state: 
and,  subject  to  such  limitations,  may  from  time  to  time  ordain 
and  pass  all  such  ordinances,  rules,  regulations  and  by-laws, 


24 


LAWS  OF  NEW  YORK. 


applicable  throughout  the  whole  of  said  city  or  applicable 
only  to  specified  portions  thereof,  as  to  the  said  board 
of  aldermen  may  seem  meet  for  the  good  rule  and 
government  of  the  city,  and  to  carry  out  the  purposes  and 
provisions  of  this  act  or  of  other  laws  relating  to  the  said  city, 
and  may  provide  for  the  enforcement  of  the  same  by  such  fines, 
penalties,  forfeitures  and  imprisonment  as  may  by  ordinance 
or  by  law  be  prescribed. 

Franchises  for  street  railways. 

§  45.  The  board  of  aldermen  is  authorized  to  grant 
from  time  to  time   to   any   corporation   thereunto  duly 
authorized   the   franchise   or    right    to    construct  and 
operate  railways  in,  upon,  over,  under  and  along  streets,  ave- 
nues, waters,  rivers,  public  places,  parkways  or  highways  of 
the  city,  but  no  such  grant  shall  be  made  except  upon  the  limi- 
tations and  conditions  of  this  act  elsewhere  provided  in  respect 
of  the  grant  by  the  t)oard  of  aldermen  of  franchises  and 
rights  in  or  under  the  streets,  avenues,  waters,  rivers,  public 
places,  parkways  and  highways  of  the  city.    The  board  of  al- 
dermen may  pass  appropriate  ordinances  not  inconsistent  with 
law  or  with  this  act,  or  with  the  vested  rights  of  existing  com- 
panies or  corporations,  to  enforce  the  provisions  of  this  section 
and  to  carry  out  its  purposes.    Nothing  in  this  act  contained 
shall  repeal  or  afifect  in  any  manner  the  provisions  of  the  rapid 
transit  acts  applicable  to  the  corporation  heretofore  known  as 
the  mayor,  aldermen  and  commonalty  of  the  city  of  New 
York,  or  any  municipality  united  therewith  or  territory  em- 
braced therein,  or  to  repeal  or  affect  the  existing  general  laws 
of  the  state  in  respect  to  street  surface  railroads.    The  con- 
sent or  approval  of  the  board  of  aldermen  to  or  for  the  issue 
of  corporate  stock  of  The  City  of  New  York,  as  provided  by 
section  one  hundred  and  sixty-nine  shall  not  be  necessary 
to  authorize  the  comptroller  to  issue  such  stock  for  the  pur- 
poses prescribed  in  chapter  four  of  the  laws  of  eighteen  hun- 
dred and  ninety-one  as  amended.   The  board  of  estimate  and 
apportionment  and  the  comptroller  of  The  City  of  New  York 
shall,  anything  herein  contained  to  the  contrary  notwithstand- 
ing, be  subject  to  all  the  duties  and  obligations  prescribed  in 
said  chapter  four  of  the  laws  of  eighteen  hundred  and  ninety- 
one  as  amended  for  the  board  of  estimate  and  apportionment 
and  comptroller  therein  mentioned.    Upon  the  execution  of 
any  contract  made  pursuant  to  chapter  four  of  the  laws  of 


CHARTER  OF  NEW  YORK  CITY. 


25 


eighteen  hundred  and  ninety-one  as  amended,  the  board  of 
rapid  transit  railroad  commissioners  may,  in  its  discretion, 
make  request  upon  the  board  of  estimate  and  apportionment 
for  the  authorization  of  such  corporate  stock,  either  for  such 
amounts  from  time  to  time  as  they  shall  deem  the  progress  of 
the  work  to  require,  or  for  the  full  amount  sufficient  to  pay 
the  entire  estimated  expense  of  executing  such  contract.  In 
case  they  shall  make  requisition  for  the  entire  amount,  the 
comptroller  shall  endorse  on  the  contract  his  certificate  that 
funds  are  available  for  the  entire  contract  whenever  such  stock 
shall  have  been  authorized  to  be  issued  by  said  board  of  esti- 
mate and  apportionment;  and  in  such  case  such  stock  may  be 
issued  from  time  to  time  thereafter  in  such  amounts  as  may  be 
necessary  to  meet  the  requirements  of  such  contract.  The 
certificate  of  the  comptroller,  mentioned  in  section  one  hundred 
and  forty-nine  of  this  act,  shall  not  be  necessary  to  make  such 
contract  binding  on  The  City  of  New  York. 

Power  to  acquire  additional  water=works. 

§  46.  The  board  of  aldermen  is  authorized,  in  ac- 
cordance with  the  provisions  of  this  act,  to  construct, 
establish  and  maintain,  or  to  acquire  by  purchase  or 
condemnation  and  maintain  in  all  parts  of  the  city,  additional 
water-works  to  supply  the  city  or  any  part  thereof  and  its  in- 
habitants with  water,  and  to  provide  for  the  distribution  and 
sale  to  the  inhabitants  of  the  city  of  such  water,  and  fix  the 
terms  thereof,  and  acquire  and  hold  property,  real  and  per- 
sonal, within  and  beyond  the  limits  of  the  city  for  said  pur- 
poses. The  board  of  aldermen  may  pass  appropriate  ordi- 
nances, not  inconsistent  with  law,  with  this  act  or  with  any 
vested  rights  of  existing  companies  or  corporations,  to  en- 
force the  provisions  of  this  section  and  to  carry  out  its  pur- 
poses. 

Further  powers;  bonds  for  specified  public  improvements, 

§  47.  The  board  of  aldermen  shall  have  power  to  provide  by 
ordinance  for  the  acquisition,  construction,  or  establishment 
of  markets;  for  the  acquisition  and  construction  of  parks, 
parkways,  boulevards  and  driveways;  for  the  building  of 
bridges  over,  and  of  tunnels  under  any  stream  or  waterway 
within  or  adjoining  the  limits  of  the  city ;  for  the  building  of 
docks,  wharves,  or  piers,  and  for  acquiring  land  by  purchase 
or  condemnation  for  said  purposes;   for  acquiring,  or  con- 


2G 


LAWS  OF  NEW  YORK. 


structing  public  buildings,  including  school-houses  and  sites 
therefor  for  the  use  of  the  city;  for  the  repaying  of  streets; 
and  for  any  of  the  foregoing  purposes,  may  create  loans  and 
authorize  the  issue  of  bonds,  or  other  evidences  of  indebted- 
ness, to  pay  for  the  same,  payable  at  such  times,  and  in  such 
manner,  and  at  such  rates  of  interest  as  it  may  by  ordinance 
prescribe;  but  no  bonds  or  other  evidences  of  indebtedness 
shall  be  issued  under  the  authority  of  this  section,  unless  the 
proposition  for  creating  such  debt,  shall  first  be  approved  by 
a  majority  vote  of  the  whole  board  of  estimate  and  apportion- 
ment, entered  on  the  minutes  of  record  of  such  board. 

Board  of  aldermen,  to  act  within  limited  time  on  bond  issues  and 
grants  of  franchises. 

§  48.  After  any  proposition  for  creating  a  debt  by  the  issue 
of  bonds  for  any  of  the  purposes  specified  in  section  forty- 
seven  of  this  act  as  amended,  or  after  any  proposed  frafichise 
or  right  to  use  the  streets,  avenues,  waters,  parkways  or 
highways  of  the  city,  has  been  approved  by  a  resolution  or 
vote  of  the  board  of  estimate  and  apportionment,  it  shall  be 
the  duty  of  the  board  of  aldermen  upon  receiving  a  copy  of 
such  resolution  or  vote  to  appoint  a  day  not  less  than  one 
week  nor  more  than  two  weeks  after  receipt  thereof  for  the 
consideration  of  the  subject  matter.  The  board  of  aldermen 
shall,  on  the  day  so  fixed,  proceed  with  the  consideration 
thereof,  and  may  continue  and  adjourn  such  consideration 
from  time  to  time  until  a  final  vote  shall  be  taken  thereon  as 
hereinafter  provided.  Within  six  weeks  after  the  copy  of 
such  resolution  or  vote  of  the  board  of  estimate  and  appor- 
tionment shall  have  been  first  received  by  the  board  of  alder- 
men, a  final  vote  shall  be  taken  thereon  by  ayes  and  noes. 
If  a  majority  of  all  the  members  of  the  board  of  aldermen 
shall  vote  against  such  proposition  or  franchise  it  shall  be 
deemed  to  be  rejected.  If  a  majority  of  all  the  members  of 
the  board  of  aldermen  shall  not  vote  against  such  proposition 
or  franchise  within  the  six  weeks  above  limited,  then  it  shall 
be  deemed  at  the  expiration  of  said  period  to  have  been  passed 
by  the  requisite  vote  of  the  board  of  aldermen.  The  action  of 
the  board  of  aldermen  in  passing  any  such  proposition  or 
franchise,  whether  by  an  affirmative  vote,  or  by  a  failure  of  a 
majority  of  all  the  members  of  the  board  of  aldermen  to  vote 
against  the  same,  shall  be  subject  to  the  approval  of  the  mayor 
and  to  the  action  of  the  board  of  aldermen  in  case  of  a  veto, 
as  provided  in  this  act. 


CHARTER  OF  NEW  YORK  CITY. 


27 


Id.;  ordinances  and  regulations  for  certain  purposes. 

§  49.  The  board  of  aldermen  shall  have  power  to  make, 
amend  and  repeal  ordinances,  rules,  regulations  and  by-laws 
not  inconsistent  with  this  act,  or  with  the  constitution  and 
laws  of  the  United  States  or  of  this  state,  for  the  following 
purposes : 

1.  In  relation  to  the  inspection  and  sealing  of  weights  and 
measures,  and  the  keeping  in  use  of  proper  weights  and 
measures  by  vendors. 

2.  In  relation  to  the  inspection,  weighing  and  measuring 
of  firewood,  coal,  hay  and  straw  and  the  cartage  of  the  same. 

3.  In  relation  to,  street  vagrants,  beggars  and  mendicants. 

4.  In  relation  to  the  use  of  guns,  pistols,  fire-arms,  fire- 
crackers, fire-works  and  detonating  works  of  all  descriptions. 

5.  In  relation  to  intoxication,  fighting  and  quarreling  in  the 
streets,  the  breaking  or  extinguishing  of  street  lamps,  and  the 
wilful  breaking  or  defacing  of  windows,  porches,  knockers  or 
other  fixtures. 

6.  In  relation  to  places  of  public  amusement. 

7.  In  relation  to  the  construction,  repair  and  use  of  vaults, 
cisterns,  areas,  hydrants,  sewers  and  pumps. 

8.  In  relation  to  partition  fences  and  walls. 

9.  In  relation  to  the  construction,  repair,  care  and  use  of 
markets. 

10.  For  the  preservation  and  protection  of  all  or  any  of  the 
works  connected  with  the  supplying  of  The  City  of  New  Y^'ork 
with  pure  and  wholesome  water. 

11.  To  regulate  the  fees  for  searches  and  certificates  to  be 
charged  by  the  collector  of  assessments  and  arrears. 

12.  To  regulate  swimming  and  bathing  in  the  waters  of  and 
bounding  the  city,  to  establish  and  maintain  such  public  baths 
and  public  comfort  stations  as  they  may  deem  necessary,  and 
to  establish  suitable  rules  and  regulations  for  the  management 
of  the  same. 

13.  To  prohibit  and  suppress  all  gaming-houses  and  places 
for  gaming  in  the  said  city. 

14.  To  provide  for  the  more  effectual  suppression  of  vice 
or  immorality,  and  the  preserving  of  peace  and  good  order  in 
said  city. 

15.  To  enlarge  or  extend  from  time  to  time  the  limits  of 
the  fire  districts  of  the  city,  and  to  establish  additional  fire 
districts,  and  from  time  to  time  to  extend  the  same. 


28 


LAWS  OF  NEW  YORK. 


1 6.  To  regulate  the  use  of  every  building  now  used  or 
hereafter  to  be  used  as  a  hotel,  in  so  far  as  the  use  thereof 
may  involve  the  safety  of  the  inmates  in  case  of  fire. 

17.  And  the  board  of  aldermen  shall  also  fix  the  annual 
license  fee,  not  exceeding  the  sum  of  twenty  dollars,  for  each 
street  or  horse  car  daily  operated  or  used  in  that  portion  of  the 
city  heretofore  known  as  the  city  of  Brooklyn.  Every  rail- 
road company  operating  or  using  such  cars  shall,  on  or  before 
the  first  day  of  June  in  each  year,  certify  to  the  city  clerk  the 
average  number  of  cars  daily  operated  and  used  by  said  com- 
pany, which  certificate  shall  be  verified  by  the  oath  of  one  of 
the  managing  officers  of  said  company,  and^  every  such  railroad 
company  shall,  on  or  before  the  first  day  of  July  in  each  year, 
pay  to  the  chamberlain  of  The  City  of  New  York  the  license 
fee  so  established  for  the  average  number  of  cars  so  operated 
and  used  by  said  company.  The  said  license  fees  shall  be  taken 
in  full  satisfaction  for  the  use  of  the  streets  or  avenues,  but 
the  same  shall  not  release  said  company  from  any  obligations 
required  by  law  to  keep  such  streets  and  avenues,  or  any  part 
thereof,  in  repair,  which  said  obligations  and  the  contracts, 
laws  or  ordinances,  creating  and  enforcing  the  same,  are  hereby 
continued  in  full  force  and  operation.  But  nothing  in  this 
subdivision  contained  shall  be  construed  to  release  any  railroad 
company  in  The  City  of  New  York,  as  constituted  by  this  act, 
from  any  duty  or  obligation  existing  at  the  time  this  act  takes 
effect  by  virtue  of  any  law,  ordinance  or  contract. 

Ordinances  in  relation  to  the  matters  mentioned  in  this 
section  may  provide  for  the  enforcement  thereof  in  the  manner 
specified  in  section  forty-four  of  this  act  as  amended. 

Id.;  to  regulate  the  use  of  streets,  processions,  etc. 

§  50.  Subject  to  the  constitution  and  laws  of  the  state, 
the  board  of  aldermen  shall  have  power  to  regulate  the 
use  of  streets  and  sidewalks  by  foot  passengers,  animals  or 
vehicles;  to  regulate  the  speed  at  which  horses  shall  be  driven 
or  ridden  and  at  which  vehicles  shall  be  propelled  in  the  streets; 
to  regulate  processions  or  parades  occupying  or  marching  upon 
any  street ;  to  prevent  encroachments  upon  and  obstructions  to 
the  streets  and  to  authorize  and  require  their  removal  by  the 
proper  officers;  to  regulate  the  opening  of  street  surfaces  for 
purposes  authorized  by  law;  to  regulate  the  numbering  of 
houses  and  lots  in  the  streets  and  the  naming  of  streets,  except 
that  it  shall  not  be  lawful  to  number  or  renumber  any  houses 


CHARTER  OF  NEW  YORK  CITY. 


29 


or  to  change  the  name  of  any  street  save  between  the  first  day 
of  December  in  any  year  and  the  first  day  of  May  next  ensu- 
ing; to  regulate  and  prevent  the  throwing  or  depositing  of 
ashes,  garbage  or  other  filth  or  rubbish  of  any  kind  upon  the 
streets;  to  regulate  the  use  of  the  streets  for  signs,  sign  posts, 
awnings,  awning  posts,  horse-troughs,  urinals,  posts  for  tele- 
graph or  other  electric  wires,  and  other  purposes;  to  regulate 
street  pavements,  cross-walks,  curbstones,  gutter-stones  and 
sidewalks;  to  provide  for  regulating,  grading,  flagging,  curb- 
ing, guttering  and  lighting  the  streets ;  to  regulate  public  cries, 
advertising  noises,  steam  whistles,  and  ringing  bells  in  the 
streets ;  to  regulate  the  exhibiting  of  banners,  placards  or  flags 
in  or  across  the  streets  or  from  houses  or  other  buildings ;  to 
regulate  the  exhibition  of  advertisements  or  handbills  along 
the  streets;  and  to  make  all  such  regulations  in  reference  to 
the  running  of  stages,  omnibuses,  trucks  and  cars  as  may  be 
necessary  for  the  convenient  use  and  the  accommodation  of 
the  streets,  piers,  wharves  or  stations.  Whenever  the  word 
street  "  or  the  plural  thereof  occurs  in  this  section  it  shall 
be  deemed  to  include  all  that  is  included  by  the  terms  "  street, 
avenue,  road,  alley,  lane,  highway,  boulevard,  concourse,  pub- 
lic square  and  public  place,"  or  the  plurals  thereof  respectively. 
Wherever  the  word  "  vehicle  "  or  the  plural  thereof  occurs  in 
this  section  it  shall  be  deemed  to  include  wagons,  trucks,  carts, 
cabs,  carriages,  stages,  omnibuses,  motors,  automobiles,  loco- 
mobiles, locomotives,  bicycles,  tricycles,  sleighs  or  other  con- 
veyances for  persons  or  property.  The  board  of  aldermen 
shall  not  have  power  to  authorize  the  placing  or  continuing 
of  any  encroachment  or  obstruction  upon  any  street  or  side- 
walk, except  the- temporary  occupation  thereof  during  the  erec- 
tion or  repairing  of  a  building  on  a  lot  opposite  the  same,  nor 
shall  they  permit  the  erection  of  booths  and  stands  within  stoop 
lines,  except  for  the  sale  of  newspapers,  periodicals,  fruits  and 
soda-water,  and  with  the  consent  in  such  cases  of  the  owner 
of  the  premises.  The  board  of  aldermen  shall  not  pass  any 
special  ordinance  in  relation  to  any  of  the  matters  mentioned 
in  this  section.  All  ordinances  in  relation  thereto  shall  be 
general  ordinances  which  may  either  apply  throughout  the 
whole  city  or  throughout  specified  portions  thereof,  and  shall 
provide  for  the  enforcement  thereof  as  specified  in  section 
forty-four  of  this  act  as  amended.  Nothing  herein  contained 
shall  be  construed  to  prevent  the  board  of  aldermen  from  pro- 
viding by  special  ordinance  for  the  erection  or  maintenance 
on  the  streets  or  waters  within  The  City  of  New  York  of  foun- 


30 


LAAYS  OF  NEW  YOKK. 


tains,  public  comfort  stations,  urinals,  public  baths,  or  other 
like  structures  maintained  by  the  public  authorities;  for  the 
establishment  of  which  the  said  board  is  hereby  empowered 
to  provide.  All  general  ordinances  relating  to  authorized 
structures,  encroachments  or  obstructions  in  or  upon  the  streets 
or  sidewalks  by  persons  other  than  the  authorities  of  The  City 
of  New  York,  or  other  public  authorities,  shall  fix  a  definite 
license  fee  for  every  such  authorized  structure,  encroachment 
or  obstruction,  according  to  the  character,  extent  and  duration 
thereof,  and  shall  provide  for  the  issuing  of  revocable  licenses 
therefor,  which  shall  be  according  to  an  established  form  and 
shall  be  regularly  numbered  and  duly  registered  as  shall  be  pre- 
scribed by  the  board  of  aldermen. 

Id.;  licensing  and  regulating  certain  trades  or  business;  dog  licenses^ 
etc. 

§  51.  Subject  to  the  constitution  and  the  laws  of  the 
state,  the  board  of  aldermen  shall  have  power  to  provide  for 
the  licensing  and  otherwise  regulating  the  business  of  dirt 
carts,  public  cartmen,  truckmen,  hackmen,  cabmen,  express- 
men, car  drivers  and  boatmen;  of  boot-blacks;  of  pawnbrokers, 
junk-dealers,  keepers  of  intelligence  offices,  dealers  in  second 
hand  articles,  hawkers,  peddlers,  vendors  and  scalpers  in  coal 
freights;  of  menageries,  circuses  and  common  shows;  of  bone 
boiling,  fat  rendering  and  other  noxious  businesses ;  and  shall 
have  power  to  regulate  or  forbid  the  keeping  of  dogs.  The 
board  of  aldermen  shall  also  have  power  to  regulate  the  rates 
of  fare  to  be  taken  by  owners  or  drivers  of  hackney  coaches, 
carriages,  motors,  automobiles  or  other  vehicles,  and  to  compel 
the  owners  thereof  to  pay  annual  license  fees.  All  ordinances 
in  relation  to  any  of  the  matters  mentioned  in  this  section  shall 
be  general,  shall  provide  for  the  enforcement  thereof  in  the 
manner  specified  in  section  forty-four  of  this  act  as  amended, 
and  shall  fix  the  license  fees  to  be  paid,  if  any.  All  licenses 
shall  be  according  to  an  established  form,  and  shall  be  regu- 
larly numbered  and  duly  registered  as  shall  be  prescribed  by 
the  board  of  aldermen. 

Rules  and  regulations  as  to  navigable  waters  within  the  city  limits. 

§  52.  The  board  of  aldermen  shall  have  power  to 
estabhsh  by  general  ordinances  proper  rules  and  regulations 
for  the  safety  of  passengers  on  excursion  steamers,  yachts, 
and  all  crafts  taking  part  in  regattas  or  races,  whether  as  ob- 


OHAKiTEB  OF  NEW  YORK  CITY. 


servers  or  participants,  in  the  navigable  waters  embraced 
within  the  corporate  limits  of  the  city  and  for  pre- 
serving the  public  peace  and  preventing  undue  inter- 
ference with,  or  interruption  of  such  regattas  and  races. 
Such  rules  and  regulations  when  so  adopted  shall  be  duly 
published  in  the  public  newspapers  and  any  wilful  violation 
of  the  same  by  any  person  shall  subject  the  offender  to  the 
penalties  of  a  misdemeanor  and  if  the  holder  of  a  license  from 
the  city  to  a  forfeiture  thereof. 

Id.;  to  see  to  the  faithful  execution  of  the  laws,  etc. 

§  54.  The  board  of  aldermen  shall  have  power  and  it 
shall  be  its  duty  to  see  to  the  faithful  execution  of  the 
'laws  and  ordinances  of  the  city;  and  it  may  appoint 
from  time  to  time  a  special  committee  to  inquire  whether  the 
laws  and  ordinances  of  the  city  relating  to  any  subject  or  to  any 
department  of  the  city  government  are  being  faithfully  ob- 
served, and  the  duties  of  the  officers  of  such  department  or  of 
any  officer  of  the  city  are  being  faithfully  discharged,  also  to 
examine  and  report  whether  there  are  any  unnecessary,  ineffi- 
cient or  unfit  employes,  any  excessive  salaries  or  compensa- 
tions paid,  and  generally  in  respect  of  any  and  all  matters 
which  will  conduce  to  the  orderly  and  economical  administra- 
tion of  the  affairs  of  the  city  government  or  any  department 
thereof.  Such  committee  shall  have  access  to  the  books  and 
records  of  the  city  or  of  any  department  or  officer  thereof. 

Id.;  security  to  be  required  from  certain  officers. 

§  55.  It  shall  be  the  duty  of  the  board  of  alder- 
men where  no  provision  has  been  made  by  law  in 
respect  thereto,  to  provide  for  the  accountability  of  all  officers 
and  other  persons,  save  as  herein  otherwise  provided,  to  whom 
the  receipt  or  expenditure  of  the  funds  of  the  city  shall  be 
entrusted,  by  requiring  from  them  sufficient  security  for  the 
performance  of  their  duties  of  trust,  which  security  shall  be 
annually  renewed ;  but  the  security  first  taken  shall  remain  in 
force  until  new  security  shall  be  given.  In  the  event  of  a 
failure  of  the  board  of  aldermen  to  fix  any  such  bond,  the  heads 
of  the  respective  departments  and  the  presidents  of  the  several 
boroughs  shall  have  power  to  fix  such  bond  subject  to  modifi- 
cation by  the  board  of  aldermen. 


32 


LAWS  OF  NEW  YORK. 


(DivisJon)  Salaries  of  officers. 

§  56.  The  salaries  of  all  officers  whose  offices  may  be 
created  by  the  board  of  aldermen  for  the  purpose  of  giving 
effect  to  the  provisions  of  this  act,  shall,  subject  to  the 
other  provisions  of  this  act,  be  prescribed  by  ordinance  or 
resolution.  It  shall  be  the  duty  of  the  board  of  aldermen,  upon 
the  recommendation  of  the  board  of  estimate  and  apportion- 
ment, to  fix  the  salary  of  every  officer  or  person  whose 
compensation  is  paid  out  of  the  city  treasury  other  than 
day  laborers,  and  teachers,  examiners  and  members  of  the 
supervising  staff  of  the  department  of  education,  irre- 
spective of  the  amount  fixed  by  this  act,  except  that 
no  change  shall  be  made  in  the  salary  of  an  elected 
officer  or  head  of  a  department  during  his  tenure 
of  office.  Salaries  need  not  be  uniform  throughout  the 
several  boroughs,  but  may,  in  the  discretion  of  the  board  of 
estimate  and  apportionment,  be  made  to  consist  of  two  ele- 
ments: First,  remuneration  for  work  done,  which  shall  be 
the  same  throughout  all  the  boroughs  for  positions  of  like 
character;  Second,  an  additional  sum  based  upon  an  estimate 
of  the  prevailing  rentals  and  expenses  of  living  in  the  borough 
where  the  services  rendered  are  performed,  and  which  may 
vary  in  the  several  boroughs.  The  board  of  aldermen  may  re- 
duce, but  may  not  increase,  any  salary  recommended  by  the 
board  of  estimate  and  apportionment;  but  the  action  of  the 
board  of  aldermen  on  reducing  any  salary  so  recommended 
shall  be  subject  to  the  veto  power  of  the  mayor,  as  provided  in 
section  forty  of  this  act.  In  case  the  board  of  aldermen  shall 
vote  to  reduce  more  than  one  salary,  the  mayor  may  approve 
the  reduction  of  one  or  more  salaries,  and  may  disapprove  the 
reduction  of  others.  In  such  case  the  reductions  he  shall 
approve  shall  become  effective;  and  as  to  those  which  he  shall 
not  approve,  the  recommendations  of  the  board  of  estimate 
and  apportionment  shall  become  effective  unless  the  reductions 
be  again  passed  by  a  three-fourths  vote  of  the  board  of  alder- 
men in  the  manner  provided  in  section  forty  of  this  act.  All 
salaries  as  fixed  on  the  first  day  of  January,  nineteen  hundred 
and  two,  shall  continue  in  force  until  fixed  by  the  board  of 
aldermen  as  in  this  section  provided. 

Id.;  publication  of  ordinances;  codification. 

§  57.  The  ordinances  in  force  in  The  City  of  New  York 
shall,  as  far  as  practicable  be  reduced  to  a  code  and 
published.     The  board  of  aldermen   shall  annually  ap- 


OHABTEE  OF  NEW  YORK  CITY, 


33 


point  a  committee  whose  duty  it  shall  be  to  com- 
pile the  general  ordinances  in  force  on  January  first,  nine- 
teen hundred  and  two,  so  far  as  the  same  remain  in  force, 
together  with  all  general  ordinances  thereafter  adopted;  and 
the  board  of  aldermen  shall  cause  such  general  ordinances  so 
compiled  to  be  annually  published. 

Id.;  commissioners  of  deeds;  appointment;  oath;  term;  clerk  there- 
for. 

§  58.  The  board  of  aldermen  is  hereby  authorized  and  is 
empowered  to  appoint  commissioners  of  deeds  from  time  to 
time,  who  shall  hold  their  offices  for  two  years  from  the 
date  of  their  appointment;  such  appointment  shall  not 
require  the  approval  of  the  mayor,  and  hereafter,  at 
the  time  of  subscribing  or  filing  the  oath  of  office, 
the  city  clerk  shall  collect  from  each  person  ap- 
pointed a  commissioner  of  deeds  the  sum  of  five 
dollars,  and  he  shall  not  administer  or  file  said  oath  unless 
said  fee  has  been  paid.  All  fees  collected  by  the  city  clerk 
under  and  by  virtue  of  this  act,  except  as  hereinafter  provided,* 
shall  be  accounted  for  and  paid  over  monthly  into  the  treasury 
of  the  city.  The  city  clerk  shall  appoint  an  officer,  to  be 
known  as  commissioner  of  deeds  clerk,  whose  duties  shall  be 
to  enter  the  names  of  commissioners  of  deeds  appointed,  in  a 
book  kept  for  that  purpose,  make  out  certificates  of  appoint- 
ment and  to  discharge  such  other  duties  as  the  city  clerk  may 
designate.  Said  commissioner  of  deeds  clerk  shall  receive  a 
salary  at  the  rate  of  twelve  hundred  dollars  per  annum,  payable 
monthly.  Any  person  hereafter  appointed  to  the  office  of  com- 
missioner of  deeds  in  and  for  The  City  of  New  York  by  the 
board  of  aldermen,  before  entering  upon  the  discharge  of  the 
duties  of  said  office  and  within  thirty  days  after  such  appoint- 
ment, shall  take  and  subscribe  before  the  commissioner  of  deeds 
clerk,  in  the  office  of  the  city  clerk,  the  following  oath  of  office : 
That  the  applicant  is  a  citizen  of  the  United  States  and  of  the 
state  of  New  York,  and  a  resident  of  The  City  of  New  York ; 
that  he  will  support  the  constitution  of  the  United  States  and 
the  constitution  of  the  state  of  New  York,  and  faithfully  dis- 
charge the  duties  of  the  office  of  commissioner  of  deeds.  Any 
commissioner  of  deeds  who  may  remove  from  The  City  of 
New  York  during  his  term  of  office  is  hereby  required  to  no- 
tify the  city  clerk  of  such  removal.  Any  person  appointed  to 
the  ofHce  of  commissioner  of  deeds  under  the  provision  of  this 


34 


LAWS  OF  NEW  YORK. 


section  upon  qualifying  as  above  provided  may  take  acknowl- 
edgments and  administer  oaths  in  any  part  of  The  City  of 
New  York,  without  filing  a  certificate  of  his  appointment  in 
the  office  of  the  clerk  of  the  county  in  which  he  resides  or  in 
which  the  borough  in  which  the  acknowledgment  is  taken  or 
the  oath  administered  is  situated,  and  all  papers  so  acknowl- 
edged or  verified  shall  be  recorded  or  read  in  evidence  without 
any  further  proof  in  all  the  boroughs  of  The  City  of  New 
York.  The  city  clerk  upon  the  request  of  any  commissioner 
appointed  under  the  provisions  of  this  act  must  make  and 
deliver  to  such  commissioner  a  certificate  under  his  hand  and 
official  seal,  showing  the  appointment  and  term  of  office  of 
such  commissioner,  which  certificates  may  be  filed  in  the  office 
of  the  clerk  of  the  counties  of  New  York,  Kings,  Queens  and 
Richmond  upon  payment  of  six  cents  in  each  office  for  filing. 
The  clerks  of  the  counties  of  New  York,  Kings,  Queens  and 
Richmond  shall  each  keep  a  book  in  which  shall  be  registered 
the  signatures  of  the  commissioners  so  filing  such  certificate, 
and  said  clerks  of  the  counties  of  New  York,  Kings, 
Queens  and  Richmond  shall  upon  demand  and  upon  payment 
of  the  sum  of  twenty-five  cents,  authenticate  a  certificate  of 
acknowledgment  or  proof  or  oath  taken  before  such  a  com- 
missioner of  deeds,  by  subjoining  or  attaching  to  the  original 
certificate  of  acknowledgment  or  proof  or  oath,  a  certificate 
under  his  hand  and  official  seal  specifying  that  at  the  time  of 
taking  the  acknowledgment  of  proof,  the  officer  taking  it  was 
duly  authorized  to  take  the  same;  that  the  authenticating 
officer  is  acquainted  with  the  former's  handwriting,  or  has 
compared  the  signature  to  the  original  certificate  with  that 
deposited  in  his  office  by  such  officer,  and  that  he  verily 
believes  the  signature  to  the  original  certificate  is  genuine,  and 
if  the  original  certificate  is  required  to  be  under  seal,  he  must 
also  certify  that  he  has  compared  the  impression  of  the  seal 
affixed  thereto  with  the  impression  of  the  seal  of  the  officer 
who  took  the  acknowledgment  or  proof  deposited  in  his  office, 
and  that  he  verily  believes  the  impression  of  the  seal  upon  the 
original  certificate  to  be  genuine,  without  regard  to  the 
county  in  which  said  acknowledgment  was  taken  or  oath 
administered,  provided  that  said  county  be  wholly  within  The 
City  of  New  York,  or  if  it  be  partly  within  The  City  of  New 
York,  that  the  acknowledgment  was  taken  or  oath  adminis- 
tered in  that  portion  of  said  county  which  is  included  within 
the  boundaries  of  The  City  of  New  York.    Any  instrument 


OHABTER  OF  NEW  YORK  CITY.  aS 


or  paper  acknowledged  before  a  commissioner  within  The  City 
of  New  York  and  certified  by  the  clerk  of  the  county  of  New 
York,  Kings,  Queens  or  Richmond,  as  hereinbefore  provided, 
shall  be  recorded  and  read  in  evidence  in  any  county  of  this 
state  without  further  proof.  The  term  of  office  of  every  com- 
missioner of  deeds  who,  on  the  first  day  of  May,  eighteen 
hundred  and  ninety-eight,  shall  be  holding  over  after  a  term  of 
two  years,  shall  then  cease. 

Board  of  aldermen;  trustees  of  public  property. 

§  59.  The  board  of  aldermen  and  the  several  members 
thereof  and  all  officers  and  employes  of  the  city  are 
hereby  declared  trustees  of  the  property,  funds  and 
effects  of  said  city  respectively,  so  far  as  such  property, 
funds  and  effects  are  or  may  be  committed  to  their  manage- 
ment or  control,  and  every  person  residing  in  said  city,  when 
authorized  to  pay  taxes  therein,  and  who  shall  pay  taxes 
therein  is  hereby  declared  to  be  a  cestui  que  trust  in  respect 
to  the  said  property,  funds  and  eft'ects,  respectively;  and  any 
co-trustees,  or  any  cestui  que  trust,  shall  be  entitled,  as 
against  said  trustees,  and  in  regard  to  said  property,  funds 
and  effects,  to  all  the  rights  and  privileges  provided  by  law 
for  any  co-trustee  or  cestui  que  trust  to  prosecute  and  main- 
tain any  action  to  prevent  waste  and  injury  to  any  property, 
funds  and  estate  held  in  trust.  Such  trustees  are  hereby 
made  subject  to  all  the  duties  and  responsibilities  imposed 
by  law  on  trustees,  and  such  duties  and  responsibilities  may 
be  enforced  by  the  city  or  by  any  co-trustee  or  cestui  que 
trust  aforesaid. 

Board  of  aldermen;  violations  of  law  by  members  of. 

§  60.  Any  member  of  the  board  of  aldermen  who 
shall  knowingly  and  wilfully  disregard  any  provision 
of  law  applicable  to  the  members  of  said  board  of 
aldermen,  or  who  shall  vote  for  any  contract  in  viola- 
tion of  law  or  any  appropriation  unauthorized  by  law  or 
in  excess  of  the  amount  authorized  by  law,  or  for  any  illegal 
or  injurious  disposition  of  corporate  property,  rights  or  fran- 
chises, shall  be  guilty  of  a  misdemeanor  and  liable  to  the  pun- 
ishment and  penalties  prescribed  therefor;  and  every  member 
voting  in  favor  thereof  shall  be  individually  liable  to  refund 
the  amount  to  the  city  at  the  suit  of  any  citizen  and  taxpayer. 


36 


LAWS  OF  NEW  YORK. 


Board  of  aldermen;  further  power. 

§  6i.  The  board  of  aldermen  is  authorized  and  empowered, 
on  the  application,  in  writing,  of  the  head  of  the  fire  depart- 
ment, to  grant  tlie  said  department  location  for  apparatus 
houses  for  said  department  on  any  of  the  public  property, 
streets  or  slips;  provided  that  the  said  houses  are  so  located 
and  constructed  that  in  the  judgment  of  said  board  they  will 
not  disfigure  or  mar  the  appearance  of  the  public  property, 
streets  or  slips,  nor  interfere  with  the  purpose  of  travel  or 
public  recreation,  and  which  if  placed  upon  any  street,  avenue 
or  slip,  shall  not  reduce  the  width  of  the  same  between  the 
curbs  for  the  purpose  of  travel  at  the  place  of  such  location 
to  less  than  thirty  feet  on  each  side  of  said  building. 

CHAPTER  TIL 

Franchises  and  Grants  of  Land  under  Water. 

Title  I.  Franchises. 

Title  2.  Grants  of  land  under  water. 

TITLE  I. 

Franchises. 
Inalienable  rights  of  the  city  to  its  properties. 

§  71.  The  rights  of  the  city  in  and  to  its  water  front,  ferries, 
wharf  property,  land  under  water,  public  landings,  wharves, 
docks,  streets,  avenues,  parks,  and  all  other  public  places  are 
hereby  declared  to  be  inalienable. 

Franchises  to  be  granted  by  ordinance. 

§  72.  Every  grant  of  or  relating  to  a  franchise  of  any  char- 
acter to  any  person  or  corporation  must,  unless  otherwise  pro- 
vided in  this  act,  be  by  ordinance. 

Limitations  and  conditions  to  grants  of  franchises. 

§  73.  After  the  approval  of  this  act  no  franchise  or  right 
to  use  the  streets,  avenues,  waters,  rivers,  parkways  or 
highways  of  the  city,  shall  be  granted  by  the  board 
of  aldermen  to  any  person  or  corporation  for  a 
longer  period  than  twenty-five  years,  except  as  hereinafter 
provided,  but  such  grant  may  at  the  option  of  the  city  pro- 


OHABTER  OF  NEW  YORK  CITY.  37 


vide  for  giving  to  the  grantee  the  right  on  a  fair  revaluation 
or  revahiations  to  renewals  not  exceeding  in  the  aggregate 
twenty-five  years.  Nothing  in  the  foregoing  provisions  of 
this  section  contained  shall  apply  to  consents  granted  to 
tunnel  railroad  corporations,  and  the  board  of  aldermen 
is  hereby  authorized  in  its  discretion  to  grant  a  fran- 
chise or  right  to  any  railroad  corporation  to  use  any  of 
said  streets,  avenues,  waters,  rivers,  parkways  or  highways 
in  The  City  of  New  York  for  the  construction  and  operation 
of  a  tunnel  railroad  underneath  the  surface  thereof  for  any 
period  not  exceeding  fifty  years,  and  any  such  grant  may  at 
the  option  of  the  city  provide  for  giving  to  the  grantee  the 
rights  on  a  fair  revaluation  or  revaluations,  to  renewals  not 
exceeding  in  the  aggregate  twenty-five  years,  provided,  how- 
ever, that  any  grant  to  construct  a  tunnel  railroad  or  renewal 
thereof,  shall  only  be  made  after  an  agreement  has  been 
entered  into  by  such  a  tunnel  corporation  to  pay  to  The  City 
of  New  York  at  least  three  per  centum,  of  the  net  profits 
derived  from  the  use  of  any  tunnel  which  it  shall  construct, 
after  there  shall  have  first  been  retained  by  such  company  from 
such  net  profits  a  sum  equal  to  five  per  centum  upon  the  sum 
expended  to  construct  such  tunnel.  At  the  termination  of  any 
franchise  or  right  granted  by  the  board  of  aldermen  all  the 
rights  or  property  of  the  grantee  in  the  streets,  avenues,  waters, 
rivers,  parkways  and  highways  shall  cease  without  compensa- 
tion. Every  such  grant  of  a  franchise  and  every  contract 
made  by  the  city  in  pursuance  thereof  may  provide  that  upon 
the  termination  of  the  franchise  or  right  granted  by  the  board 
of  aldermen  the  plant  of  the  grantee  with  its  appurtenances, 
shall  thereupon  be  and  become  the  property  of  the  city  with- 
out further  or  other  compensation  to  the  grantee;  or  such 
grant  and  contract  may  provide  that  upon  such  termination 
there  shall  be  a  fair  valuation  of  the  plant  which  shall  be  and 
become  the  property  of  the  city  on  the  termination  of  the 
contract  on  paying  the  grantee  such  valuation.  If  by  virtue 
of  the  grant  or  contract  the  plant  is  to  become  the  city's 
without  money  payment  therefor,  the  city  shall  have 
the  option  either  to  take  and  operate  the  said 
property  on  its  own  account,  or  to  lease  the  same  for 
a  term  not  exceeding  twenty  years.  If  the  original  grant  shall 
provide  that  the  city  shall  make  payment  for  the  plant  and 
property,  such  payment  shall  be  at  a  fair  valuation  of  the  same 
as  property,  excluding  any  value  derived  from  the  franchise; 


as  •  LAWS  OF  NEW  YORK. 


and  if  the  city  shall  make  payment  for  such  plant, 
it  shall  in  that  event  have  the  option  either  to 
operate  the  plant  and  property  on  its  own  account  or  to 
lease  the  said  plant  and  property  and  the  right  to  the 
use  of  streets  and  public  places  in  connection  therewith 
for  limited  periods,  in  the  same  or  similar  manner  as  it 
leases  the  ferries  and  docks.  Every  grant  shall  make  ade- 
quate provision  by  way  of  forfeiture  of  the  grant,  or  otherwise, 
to  secure  efficiency  of  public  service  at  reasonable  rates  and 
the  maintenance  of  the  property  in  good  condition  throughout 
the  full  term  of  the  grant.  The  grant  or  contract  shall  also 
specify  the  mode  of  determining  the  valuation  and  revaluations 
therein  provided  for. 

Proceedings  prior  to  grant  of  franchise. 

§  74.  Before  any  grant  of  the  franchise  or  right  to  use  any 
street,  avenue,  waterway,  parkway  or  highway  shall  be  made, 
the  proposed  specific  grant  embodied  in  the  form  of  an  ordi- 
nance with  all  of  the  terms  and  conditions,  including  the  pro- 
visions as  to  rates,  fares  and  charges,  shall  be  published  at 
least  twenty  days  in  the  City  Record  and  at  least  twice  in  two 
daily  newspapers  published  in  the  city  to  be  designated  by  the 
mayor  at  the  expense  of  the  proposed  grantee.  Such  ordinance 
shall  on  its  introduction  and  first  reading  be  referred  by  the 
board  of  aldermen  to  the  board  of  estimate  and  apportion- 
ment, who  shall  make  inquiry  as  to  the  money  value  of  the 
franchise  or  right  proposed  to  be  granted  and  the  adequacy 
of  the  compensation  proposed  to  be  paid  therefor,  and  no 
grant  thereof  by  the  board  of  aldermen  shall  be  made  except 
on  terms  approved  by  vote  or  resolution  of  the  board  of  esti- 
mate and  apportionment,  entered  on  the  minutes  or  record 
of  such  board,  and  every  ordinance  containing  or  making 
such  grant  shall  require  the  concurrence  of  three-fourths  of 
all  the  members  of  the  board  of  aldermen  as  shown  by  the 
ayes  and  noes  there  recorded  and  the  approval  of  the  mayor, 
and  thirty  days  at  least  shall  intervene  between  the  introduc- 
tion and  final  passage  of  any  such  ordinance.  It  shall  require 
a  vote  of  three-fourths  of  all  the  members  elected  to  each 
branch  of  the  board  of  aldermen  to  pass  such  ordinance  over 
the  mayor's  veto.  This  act  shall  apply  to  any  renewal  or 
extension  of  the  grant  or  leasing  of  the  property  to  the  same 
grantee  or  to  others. 


OHARTEll  OF  NEW  YORK  CITY. 


39 


Board  of  aldermen  to  pass  ordinances. 

§  75.  The  board  of  aldermen  may  from  time  to  time 
pass  appropriate  ordinances^  not  inconsistent  with  the 
constitution  and  laws  of  the  state,  to  carry  the  provi- 
sions of  this  title  into  effect,  but  shall  not  part  with  the  right 
and  duty  at  all  times  to  exercise  in  the  interest  of  the  public, 
full  municipal  superintendence,  regulation  and  control  in 
respect  of  all  matters  connected  with  such  grant,  and  not  incon- 
sistent with  the  terms  thereof. 

City  may  dispose  of  buildings  not  required  for  public  use. 

§  76.  Nothing  in  this  title  contained  shall  prevent  the  city 
from  disposing  of  any  building  or  parcel  of  land  no  longer 
needed  for  public  use,  provided  such  disposition  shall  be  ap- 
proved by  the  sinking  fund  commissioners,  and  shall  be  at 
public  sale,  and  be  provided  for  by  ordinance. 

Acts  not  applicable  to  grants  under  this  title. 

§  77.  Section  ninety-three  of  chapter  five  hundred  and  sixty- 
five  of  the  laws  of  eighteen  hundred  and  ninety  and  any  acts 
amendatory  thereof  or  supplemental  thereto,  shall  have  no 
application  to  grants  made  under  and  pursuant  to  this  title. 


TITLE  2. 

Grants  of  Lands  under  Water. 

Grants  of  lands  and  franchises  to  city  in  aid  of  commerce, 

§  83.  To  the  end  that  The  City  of  New  York,  as  herein  con- 
stituted, may  be  enabled  to  make  needful  provisions  for  the 
navigation,  intercourse  and  commerce  of  the  city  and  ade- 
quately to  develop  and  secure  the  same  now  and  in  the  future, 
the  said  city  shall  have  the  control  as  herein  and  in  this  act 
provided,  of  the  water  front  of  the  entire  city,  subject,  however, 
to  the  rights  of  private  owners  of  property,  and  also  power  to 
establish,  construct,  acquire,  own,  maintain  and  enjoy  all  fer- 
ries, public  wharves,  docks,  piers,  bulkheads,  basins,  slips, 
streets,  approaches  and  spaces,  and  all  other  public  structures, 
adjuncts  and  facilities  necessary  or  proper  for  the  navigation, 
intercourse  and  commerce,  foreign  and  domestic,  of  the  city. 
To  these  ends,  in  addition  to  all  other  grants,  there  is  hereby 


40 


LAWS  OF  NEW  YORK. 


granted  in  fee  to  the  said  city  of  New  York,  as  herein  consti- 
tuted, in  all  the  public  streams,  rivers,  sounds,  bays  and  waters 
of  all  descriptions  at  any  and  all  places  within  said  city  or 
adjoining  the  limits  of  said  city  as  herein  constituted,  all  and 
singular  the  property,  estate,  right,  title  and  interest  of  the 
people  of  the  state  of  New  York,  in,  to,  of,  and  concernin^^ 
such  lands  and  soil  covered  by  water,  as  are  embraced  within 
the  projected  boundary  lines  of  any  street  intersecting  the 
shore  line,  and  which  street  is  in  public  use  or  which  may  be 
hereafter  opened  for  public  use,  extending  from  high-water 
mark  out  into  said  streams,  rivers,  sounds,  bays  and  waters 
so  far  (any  limits  in  existing  grants  to  the  contrary)  as  the 
said  city  shall  now  or  at  any  time  hereafter  in  the  opinion 
of  its  board  of  aldermen  or  department  of  docks  and 
ferries  require  the  same  for  ferries,  public  wharves, 
docks,  piers,  bulkheads,  basins,  slips,  or  other  public  structures, 
adjuncts  and  facilities  for  navigation  and  commerce,  including 
the  right  for  such  purposes  to  reclaim  such  lands  from  said 
waters,  and  including  also  all  riparian  rights,  and  all  rents, 
issues  and  profits  of  the  premises  herein  granted.  The  com- 
missioners of  the  land  office  shall  from  time  to  time,  convey 
or  patent  the  lands  herein  granted  to  the  city  for  said  purposes 
as  and  whenever  required  by  the  board  of  docks. 

Property  and  franchises  inalienable. 

§  84.  The  property,  franchises  and  rights  hereby  granted 
and  the  works  and  structures  hereby  authorized  are  not  the 
subject  of  sale  but  shall  be  held  by  the  city  in  perpetuity.  But 
this  shall  not  prevent  the  city  from  leasing  the  same  for  limited 
periods  of  time,  in  the  same  manner  as  it  leases  other  like  prop 
erty. 

Private  rights  protected. 

§  85.  This  grant  shall  not  impair  or  afTect  any  existing  valid 
private  rights,  or  the  existing  riparian  rights  of  owners  of  pri- 
vate property,  or  the  lawful  rights  of  private  owners  of  docks, 
piers  and  other  structures  in  the  said  city  or  any  part  thereof. 

Patenting  of  lands  under  water  by  commissioners  of  the  land  office. 

§  86.  After  the  approval  of  this  act  no  patent  of  soil  or  land 
under  water  within  The  City  of  New  York,  as  herein  consti- 
tuted, shall  be  made  except  fo  The  City  of  New  York  or  to 


CHARTER  OF  NEW  YORK  CITY. 


the  riparian  proprietor.  If  the  board  of  docks  with  the 
approval  of  the  commissioners  of  the  sinking  fund,  shall  pro- 
ject a  plan  or  plans  for  the  construction  of  docks  between  street 
intersections  as  aforesaid,  and  desire  a  grant  of  land  under 
.water  for  that  purpose,  they  shall  make  application  therefor  to 
the  commissioners  of  the  land  office,  who  thereupon  shall  give 
notice  to  the  riparian  proprietor  before  taking  action  in  the 
matter  and  shall  make  such  grant  to  the  city  for  the  purposes 
specified  in  section  eighty-three.  Such  grant,  however,  shall 
be  subject  to  all  the  rights  of  the  riparian  proprietor,  and 
before  the  city  shall  construct  such  public  wharves  or  other 
structures  in  front  of  the  land  of  such  riparian  proprietor,  the 
city  shall  make  just  compensation  to  such  proprietor  for  the 
value  of  all  the  riparian  rights.  If  the  commissioners  shall 
make  a  grant  to  the  riparian  proprietor  it  shall  be  confined  to 
soil  or  land  under  water  in  front  of  the  land  of  such  riparian 
proprietor.  If  application  be  made  to  the  commissioners  of 
the  land  office  by  the  riparian  proprietor  for  a  grant  of  soil  or 
land  under  water  within  The  City  of  New  York,  as  herein 
constituted,  such  commissioners  shall  give  notice  thereof  to  the 
board  of  docks  of  the  city,  which  shall  examine  into  such 
application  and  certify  to  the  said  commissioners  whether  in 
the  opinion  of  the  said  board  the  granting  of  the  same  will 
conflict  with  the  rights  of  the  city  under  this  act  or  be  other- 
wise injurious  to  the  public  interests  of  the  said  city.  The 
said  commissioners  may  in  their  discretion  insert  such 
terms  and  conditions  in  the  grant  as  are  recommended  by  the 
board  of  docks  and  as  will  protect  the  public  interests  of  the 
city  in  respect  to  navigation  and  commerce.  The  validity  of 
any  such  grant  or  patent  may  be  judicially  determined  in  an 
action  brought  by  and  in  the  name  of  the  city.. 

Power  of  board  of  aldermen. 

§  87.  The  board  of  aldermen  may  from  time  to  time  pass 
appropriate  ordinances  to  carry  the  provisions  hereof  into 
effect,  not  inconsistent  with  law  or  this  act. 

Repealing  provision. 

§  88.  All  acts  and  parts  of  acts,  so  far  as  the  same  are  incon- 
sistent with  this  chapter  are  hereby  repealed. 


42 


LAWS  OF  NEW  YORK. 


CHAPTER  IV. 
The  Executive. 

Mayor;  executive  power  in  and  election  of;  salary. 

§  94.  The  executive  power  of  The  City  of  New  York,  as 
constituted  by  this  act,  shall  be  vested  in  the  mayor,  the  presi- 
dents of  the  several  boroughs  and  the  officers  of  the  several 
departments.  The  mayor  shall  be  the  chief  executive  officer 
of  the  city;  he  shall  be  elected  at  the  general  election  in  the 
year  nineteen  hundred  and  one,  and  every  two  years  there- 
after, and  shall  hold  his  office  for  the  term  of  two  years  com- 
mencing at  noon  on  the  first  day  of  January  after  his  election. 
The  salary  of  the  mayor  shall  be  fifteen  thousand  dollars  a 
year. 


Mayor's  power  of  removal. 

§  95.  The  mayor,  may,  whenever  in  his  judgment  the  pub- 
lic interests  shall  so  require,  remove  from  office  any  public 
officer  holding  office  by  appointment  from  a  mayor  of  The 
City  of  New  York,  except  members  of  the  board  of  educa- 
tion, and  aqueduct  commissioners,  trustees  of  the  Col- 
lege of  The  City  of  New  York,  and  trustees  of  Belle- 
vue  and  allied  hospitals,  and  except  also  judicial  officers 
for  whose  removal  other  provision  is  made  by  the  con- 
stitution. No  public  officer  shall  nold  his  office  for 
any  specific  term,  except  as  in  this  act  is  otherwise  ex- 
pressly provided. 


Administrative  departments. 

§  96.  There  shall  be  the  following  administrative  depart- 
ments in  said  city: 
Department  of  finance. 
Law  department. 
Police  department.  V 

Department  of  water  supply,  gas  and  electricityy 

Department  of  street  cleaning,  v 

Department  of  bridges. 

Department  of  parks. 

Department  of  public  charities. 

Department  of  correction. 

Fire  department 


ClHAEa?EiRi  OF  NEW  YORK  CITY.  43 


Department  of  docks  and  ferries. 
Department  of  taxes  and  assessments. 
Department  of  education. 
Department  of  health. 
Tenement  house  department. 

Department  of  finance;  comptroller. 

§  97.  The  head  of  the  department  of  finance  shall  be  called 
the  comptroller  of  The  City  of  New  York.  He  shall  be  elected 
at  the  general  election  in  the  year  nineteen  hundred  and  one, 
and  every  two  years  thereafter,  and  shall  hold  his  office  for 
the  term  of  two  years,  commencing  at  noon  on  the 
first  day  of  January,  after  his  election.  The  comptroller  may 
be  removed  from  office  by  the  governor  in  the  same  manner  as 
sheriffs,  except  that  the  governor  may  direct  the  inquiry 
required  by  law,  to  be  conducted  by  the  attorney-general,  and 
after  charges  have  been  received  by  the  governor,  he  may, 
pending  the  investigation,  suspend  the  comptroller  for  a  period 
not  exceeding  thirty  days.  In  case  of  a  vacancy  in  the  office 
of  comptroller,  it  shall  be  filled  by  the  mayor,  and  the  person 
appointed  to  fill  such  vacancy  shall  hold  office  until  noon  of 
the  first  day  of  January  succeeding  the  election  at  which  a  suc- 
cessor shall  be  elected.  At  the  next  general  election  at  which 
municipal  officers  shall  be  elected,  which  shall  take  place  more 
than  thirty  days  after  the  occurrence  of  a  vacancy  in  the  office 
of  comptroller,  a  successor  shall  be  chosen  who  shall  hold  office 
for  the  remainder  of  the  unexpired  term. 

Law  department;  corporation  counsel. 

§  98.  The  head  of  the  law  department  shall  be  called  the 

corporation  counsel. 

Police  department;  police  commissioner. 

§  99.  The  head  of  the  police  department  shall  be  called  the 
police  commissioner. 

Departments  of  water  supply,  gas  and  electricity,  street  cleaning 
and  bridges. 

§  100.  I.  The  head  of  the  department  of  water  supply, 
gas  and  electricity  shall  be  called  the  commissioner  of  water 
supply,  gas  and  electricity. 

2.  The  head  of  the  department  of  street  cleaning  shall  be 
called  the  commissioner  of  street  cleaning. 


LAWS  OF  NEW  YORK. 


3.  The  head  of  the  department  of  bridges  shall  be  called 
the  commissioner  of  bridges.  ' 

Department  of  parks;  park  board. 

§  loi.  The  head  of  the  department  of  parks  shall  be  called 
the  park  board.  Said  board  shall  consist  of  three  members 
who  shall  be  known  as  commissioners  of  parks. 

Department  of  public  charities;  commissioner  of  public  charities. 

§  103.  The  head  of  the  department  of  public  charities  shall 
be  called  the  commissioner  of  public  charities. 

jDepartment  of  correction;  commissioner  of. 

§  104.  The  head  of  the  department  of  correction  shall  be 
called  the  commissioner  of  correction. 

Fire  department;  the  fire  commissioner. 

§  105.  The  head  of  the  fire  department  shall  be  called  the 

fire  commissioner. 

Department  of  docks  and  ferries;  board  of  docks. 

§  106.  The  head  of  the  department  of  docks  and  ferries 
shall  be  called  the  commissioner  of  docks. 

Department  of  taxes  and  assessments;  board  of  taxes  and  assessments. 

§  107.  The  head  of  the  department  of  taxes  and  assess- 
ments shall  be  called  the  board  of  taxes  and  assessments. 
Said  board  shall  consist  of  a  president,  who  shall  be  so  desig- 
nated in  his  appointment,  and  four  other  members,  one  of 
whom  at  least  shall  be  a  person  learned  in  the  law,  who  shall 
be  called  commissioner  of  taxes  and  assessments. 

Department  of  education. 

§  108.  The  head  of  the  department  of  education  shall  be 
called  the  board  of  education  ana  shall  consist  of  forty-six 
members  as  hereinafter  provided. 

Department  of  health;  board  of  health. 

§  109.  The  head  of  the  department  of  health  shall  be 
called  the  board  of  health.  Said  board  shall  consist  of 
the  commissioner  ,of  health,  the  police  commissioner  and  the 
health  officer  of  the  port. 


OHARTEE  OF  NEW  YORK  CITY.  45 


Tenement  house  department. 

§  no.  The  head  of  the  tenement  house  department  shall 
l)e  called  the  tenement  house  commissioner.  He  shall  be  ap- 
pointed by  the  mayor,  and  shall,  unless  sooner  removed,  hold 
his  office  for  six  years,  and  until  his  successor  shall  be  ap- 
pointed and  has  qualified. 

Heads  of  departments  and  borough  presidents;  power  to  purchase 
supplies. 

§  III.  Each  head  of  a  department  and  each  president  of  a 
borough  shall  have  cognizance  and  control  of  the  purchase  of 
fuel,  furniture,  utensils,  books  and  other  articles  needed  for 
the  public  offices  within  his  department  or  jurisdiction.  Sup- 
plies shall  be  furnished  to  heads  of  bureaus  and  all  subordi- 
nate officials  only  upon  the  receipt  of  a  written  requisition 
signed  by  the  head  of  the  office  in  which  the  same  are  required. 

Schedules  of  salaries  to  be  presented  when  requested. 

§  112.  It  shall  be  the  duty  of  each  borough  president  and 
the  head  of  each  department  to  present  new  schedules  of  sal- 
aries for  his  office  or  department  to  the  board  of  estimate 
and  apportionment,  whenever  requested  by  said  board  so  to  do. 

CHAPTER  V. 
The  Mayor. 

Mayor;  duties  of. 

§  115.  It  shall  be  the  duty  of  the  mayor: 

1.  To  communicate  to  the  board  of  aldermen,  at  least  once 
in  each  year,  a  general  statement  of  the  finances,  government 
and  improvements  of  the  city. 

2.  To  recommend  to  the  board  of  aldermen  all  such  meas- 
ures as  he  shall  deem  expedient. 

3.  To  keep  himself  informed  of  the  doings  of  the  several 
departments. 

4.  To  be  vigilant  and  active  in  causing  the  ordinances  of  the 
city,  and  laws  of  the  state  to  be  executed  and  enforced,  and 
for  that  purpose  he  may  call  together  for  consultation  and 
co-operation  any  or  all  of  the  heads  of  departments. 

5.  And  generally  to  perform  all  such  duties  as  may  be 
prescribed  for  him  by  this  act,  the  city  ordinances  and  the  laws 
of  the  state. 


46 


LAWS  OF  NEW  YORK. 


Id.;  a  magistrate. 

§  1 16.  The  mayor  is  a  magistrate. 

Id.;  may  appoint  clerks,  etc. 

§  117.  The  mayor  may  appoint  such  clerks  and  subor- 
dinates as  he  may  require  to  aid  him  in  the  discharge  of  his 
official  duties,  and  shall  render  to  the  board  of  aldermen 
every  three  months,  an  account  of  the  expenses  and 
receipts  of  his  office,  and  therein  shall  state,  in  de- 
tail, the  amounts  paid  and  agreed  to  be  paid  by  him,  for 
salaries  to  such  clerks  and  subordinates  respectively,  and  the 
general  nature  of  their  duties,  which  account  and  report  shall 
be  published  in  the  City  Record.  The  aggregate  expenses 
incurred  by  him  for  such  purposes  shall  not  exceed,  in  any 
one  year,  the  sum  appropriated  therefor. 

Id.;  to  appoint  heads  of  departments. 

§  118.  The  mayor  shall  appoint  the  heads  of  departments 
and  all  commissioners,  except  as  otherwise  provided  in  this 
act.  He  shall  also  appoint  all  members  of  any  board  or  com- 
mission authorized  to  superintend  the  erection  or  repair  of 
any  building  belonging  to  or  to  be  paid  for  by  the  city, 
whether  named  in  any  law  or  appointed  by  any  local  authority, 
and  also  a  commissioner  of  jurors  for  the  boroughs  of  Man- 
hattan and  the  Bronx,  inspectors  of  weights  and  measures, 
and  as  many  sealers  of  weights  and  measures  as  may  by  ordi- 
nance be  prescribed,  and  also  the  members  of  any  other  local 
board  and  all  other  officers  not  elected  by  the  people,  whose 
appointment  is  not  excepted  or  otherwise  provided  for. 
Every  head  of  department  and  person  in  this  section  named 
shall,  subject  to  the  power  of  removal  herein  provided,  hold 
his  office  for  such  term  as  is  provided  by  this  act,  or  other- 
wise, and  in  each  case  until  a  person  is  duly  appointed,  and 
has  qualified,  in  his  place. 

Id.;  to  appoint  commissioners  of  accounts. 

§  119.  The  mayor  shall  appoint  and  remove  at  pleasure  two 
persons  who  shall  be  commissioners  of  accounts,  one  of  whom 
shall  be  a  certified  public  accountant.  It  shall  be  their  duty, 
once  in  three  months,  to  make  an  examination  of  the  receipts 
and  disbursements  in  the  offices  of  the  comptroller  and  cham- 
berlain, in  connection  with  those  of  all  the  departments  and 
officers  making  returns  thereto,  and  report  to  the  mayor  a 


OHARTETR  OF  NEW  YORK  CITY.  47 

detailed  and  classified  statement  of  the  financial  condition 
of  the  city  as  shown  by  such  examinations.  They  shall  also 
make  such  special  examinations  of  the  accounts  and  methods 
of  the  departments  and  offices  of  the  city  and  of  the  counties 
of  New  York,  Richmond,  Queens  and  Kings,  as  the  mayor 
may  from  time  to  time  direct,  and  such  other  examinations  as 
the  said  commissioners  may  deem  for  the  best  interests  of  the 
city,  and  report  to  the  mayor  and  the  board  of  aldermen 
the  results  thereof.  For  the  purpose  of  ascertaining  facts  in 
connection  with  these  examinations  they  shall  have  full  power 
to  compel  the  attendance  of  witnesses,  to  administer  oaths  and 
to  examine  such  persons  as  they  may  deem  necessary.  Such 
commissioners  shall  each  be  paid  the  sum  of  five  thousand 
dollars  a  year.  The  board  of  estimate  and  apportionment 
and  the  board  of  aldermen  shall  annually  appropriate  a  sum 
sufficient  to  pay  the  salaries  of  said  commissioners,  and  in  the 
discretion  of  said  board  and  the  board  of  aldermen  a  sum 
sufficient  to  enable  them  to  employ  the  necessary  assistance 
to  carry  out  the  provisions  of  this  section. 

Id.;  proclamation  as  to  holding  court  in  case  of  pestilence,  etc. 

§  120.  The  mayor,  or,  in  case  of  his  absence,  or  other  dis- 
ability, the  president  of  the  board  of  aldermen,  by 
proclamation,  may  direct  that  the  next  ensuing  term  of  any 
court,  other  than  the  court  of  appeals,  appointed  to  be  held  in 
the  city  shall  be  held  in  any  building  within  The  City  of  New 
York,  other  than  the  building  where  the  same  is  regularly 
to  be  held,  if,  in  his  opinion,  war,  pestilence,  or  other  public 
calamity,  or  the  danger  thereof,  or  the  destruction  or  injury 
of  the  building,  or  the  want  of  suitable  accommodation, 
renders  it  necessary  that  some  other  place  be  selected.  The 
proclamation  must  be  published  in  two  or  more  daily  news- 
papers, published  in  The  City  of  New  York, 

Id.;  police  power  as  to  pawnbrokers. 

§  121.  The  mayor  shall  possess  the  power  conferred  upon 
the  chief,  deputy  chiefs,  inspectors  and  captains  of  police  by 
section  three  hundred  and  seventeen  of  this  act. 

Id.;  removal  by  governor. 

§  122.  The  mayor  may  be  removed  from  office  by  the  gov- 
ernor in  the  same  manner  as  sherifTs,  except  that  the  governor 
may  direct  the  inquiry  provided  by  law  to  be  conducted  by  the 


48 


LAWS  OF  NEW  YORK. 


attorney-general;  and  after  the  charges  have  been  received  by 
the  governor,  he  may,  pending  the  investigation,  suspend  the 
mayor  for  a  period  not  exceeding  thirty  days. 

Municipal  civil  service;  mayor  to  appoint  commissioners. 

§  123.  The  mayor  shall  appoint  three  or  more  suitable  per- 
sons, not  more  than  two-thirds  of  whom  shall  be  members  ol 
the  same  political  party,  who  shall,  in  the  manner  defined  by 
chapter  three  of  the  general  laws,  commonly  known  as  the 
civil  service  law,  and  subject  to  and  in  pursuance  of  the  pro- 
visions of  that  law  and  of  such  amendments  as  may  from  time 
to  time  be  made  to  it,  prescfibe,  amend  and  enforce  rules  for 
the  classification  of  the  offices,  places  and  employments  in  the 
public  service  of  the  city,  and  for  appointments  and  promo- 
tions therein,  and  examinations  therefor,  and  for  the  registra- 
tion and  selection  of  laborers  for  employment  therein.  Such 
persons  shall  constitute  the  municipal  civil  service  com- 
mission, and,  within  the  amount  appropriated  therefor, 
they  shall  have  authority  to  appoint  a  secretary,  exam- 
iners, and  such  other  subordinates  as  may  be  necessary. 
Proper  provision  shall  be  made  in  the  annual  budget  for 
all  the  expenses  of  the  municipal  civil  service  commission. 

Regulations  of  municipal  civil  service. 

§  124.  All  appointments,  promotions  and  changes  of  status 
of  persons  in  the  public  service  of  The  City  of  New  York  shall 
be  made  in  the  manner  prescribed  by  the  constitution  of  the 
state  and  in  accordance  with  the  provisions  of  chapter  three  of 
the  general  laws,  commonly  known  as  the  civil  service  law, 
and  such  amendments  as  may  be  made  thereto,  and  the  pro- 
visions of  this  act. 

Authority  and  duty  of  commissioners  of  municipal  civil  service. 

§  125.  The  municipal  civil  service  commission  shall  have 
the  power  to  make  investigations  concerning  all  matters 
touching  the  enforcement  and  effect  of  the  provisions  of  the 
civil  service  law,  in  so  far  as  it  applies  to  The  City  of  New 
York,  and  the  rules  and  regulations  prescribed  thereunder,  or 
concerning  the  action  of  any  examiner  or  subordinate  of  the 
commission,  or  of  any  person  in  the  classified  municipal  ser- 
vice, in  respect  to  the  execution  of  that  act,  and  in  the  course 
of  such  investigations  each  commissioner  and  the  secretary 
shall  have  the  power  to  administer  oaths.    The  municipal 


CHARTER  OF  NEW  YORK  CITY.  49 


civil  service  commission  shall  have  the  further  power  to 
subpoena  and  require  the  attendance  of  witnesses,  and  the 
production  thereby  of  books  and  papers  pertinent  to  the 
investigations  and  inquiries  hereby  authorized,  and  to  examine 
them,  and  such  public  records  as  it  shall  require  in  relation 
to  any  matter  which  it  is  required  to  investigate.  For  this 
purpose  the  commission  shall  possess  all  the  powers  conferred 
by  the  code  of  civil  procedure  upon  a  board  or  committee, 
and  may  invoke  the  power  of  any  court  of  record  in 
the  state  to  compel  the  attendance  and  testifying  of  witnesses 
or  the  production  thereby  of  books  and  papers  as  afore- 
said. 

Warrants  for  payment  of  salary  of  person  whose  appointment  has 
not  been  made  under  civil  service  law,  prohibited. 

§  126.  Any  officer  of  said  city  whose  duty  it  is  to  sign  or 
countersign  warrants,  shall  not  draw,  sign  or  issue,  or  authorize 
the  drawing,  signing  or  issuing  of  any  warrant  on  the  cham- 
berlain or  other  disbursing  officer  of  the  city  for  the  payment 
of  salary  to  any  person  in  its  service  whose  appointment  or 
retention  has  not  been  in  accordance  with  the  civil  service 
law  and  its  amendments  and  of  the  valid  rules  in  force  there- 
under. 

Veterans  in  municipal  service. 

§  127.  All  veterans  either  of  the  army  or  navy  or  the  volun- 
teer fire  departments,  now  in  the  service  of  either  of  the 
municipal  and  public  corporations  hereby  consolidated,  who 
are  now  entitled  by  law  to  serve  during  good  behavior,  or  who 
can  not  under  existing  law  be  removed  except  for  cause,  shall 
be  retained  in  like  positions  and  under  the  same  conditions  by 
the  corporation  constituted  by  this  act,  to  serve  under  such 
titles  and  in  such  way  as  the  head  of  the  appropriate  depart- 
ment or  the  mayor  may  direct. 


CHAPTER  VI. 
Department  of  Finance. 
Title  I.  The  comptroller. 
Title  2.  The  bonds  and  obligations  of  the  city. 
Title  3.  The  chamberlain. 
Title  4.  The  sinking  funds. 

Title  5.  Appropriations  and  the  board  of  estimate  and  appor- 
tionment. 
Title  6.  Levying  taxes. 


50 


LAWS  OF  KEVV  YORK. 


TITLE  I, 

The  Comptroller. 

General  duties;  settlement  of  claims;  assent  to  certain  contracts 
required;  election;  salary. 

§  149.  The  department  of  finance  shall  have  control 
of  the  fiscal  concerns  of  the  corporation.  All  accounts 
rendered  to  or  kept  in  the  other  departments  shall  be  subject 
to  the  inspection  and  revision  of  the  officers  of  this  department. 
It  shall  prescribe  the  forms  of  keeping  and  rendering  all  city 
accounts,  and,  except  as  herein  otherwise  provided,  the  manner 
in  v^hich  all  salaries  shall  be  drawn,  and  the  mode  by  which 
all  creditors,  officers  and  employees  of  the  corporation  shall 
be  paid.  All  payments  by  or  on  behalf  of  the  corporation, 
except  as  otherwise  specially  provided,  shall  be  made  through 
the  proper  disbursing  of!icer  of  the  department  of  finance,  on 
vouchers  to  be  filed  in  said  department,  by  means  of  warrants 
drawn  on  the  chamberlain  by  the  comptroller,  and  counter- 
signed by  the  mayor.  The  comptroller  may  require  any 
person  presenting  for  settlement  an  account  or  claim  for  any 
cause  whatever,  against  the  corporation,  to  be  sworn  before 
him  touching  such  account  or  claim,  and  when  so  sworn,  to 
answer  orally  as  to  any  facts  relative  to  the  justness  of  such 
account  or  claim.  Willful  false  swearing  before  him  is  per- 
jury, and  punishable  as  such.  He  shall  settle  and  adjust  all 
claims  in  favor  of  or  against  the  corporation,  and  all  accounts 
in  which  the  corporation  is  concerned  as  debtor  or  creditor; 
but  in  adjusting  and  settling  such  claims,  he  shall,  as  far  as 
practicable,  be  governed  by  the  rules  of  law  and  principles  of 
equity  which  prevail  in  courts  of  justice.  No  claim  against 
the  city  or  against  any  of  the  counties  contained  within  its 
territorial  limits,  or  payable  in  the  first  instance  from  moneys 
in  the  city  treasury  for  services  rendered  or  work  done  or 
materials  or  supplies  furnished  except  (i)  claims  reduced  to 
judgment,  or  (2)  awards,  costs,  charges  and  expenses  duly 
taxed  or  ordered  paid  in  judicial  proceedings,  or  (3)  claims 
arising  under  the  provisions  of  contracts  made  at  public  letting 
in  the  rrianner  provided  by'  section  four  hundred  and  nineteen 
of  this  act,  or  (4)  claims  settled  and  adjusted  by  the  comp- 
troller, pursuant  to  the  authority  of  this  section,  shall  be  paid 
unless  an  auditor  of  accounts  shall  certify  that  the  charges 
therefor  are  just  and  reasonable;  and,  except  as  hereinabove 
otherwise  provided,  all  contracts  with  the  city  or  any  of  such 
counties  or  with  any  public  officer  acting  in  its  or  their  behalf, 


CHARTER  OF  NEW  YORK  CITY.  51 


shall  be  subject  to  such  audit  and  revision  by  the 
department  of  finance.  The  power  hereby  given  to 
settle  and  adjust  such  claims  shall  not  be  construed  to 
authorize  the  comptroller  to  dispute  the  amount  of  any  salary 
established  by  or  under  the  authority  of  any  officer  or  depart- 
ment authorized  to  establish  the  same,  nor  to  question  the  due 
performance  of  his  duties  by  such  officer,  except  when  neces- 
sary to  prevent  fraud.  If  in  any  action  at  law  against  The 
City  of  New  York  to  recover  upon  a  claim  not  embraced  within 
the  exceptions  hereinabove  numerically  specified,  the  amount 
claimed  by  the  plaintiff  is  in  excess  of  the  amount  as  audited 
and  settled  by  the  department  of  finance,  the  plaintiff  must 
establish  his  claim  by  competent  evidence  of  value,  and  no 
testimony  shall  be  admitted  to  show  a  promise  or  agreement 
by  any  officer  or  employe  of  the  city  or  of  any  of  the  counties 
contained  within  its  territorial  limits,  to  pay  any  larger  sum 
than  the  amount  so  audited  or  allowed  by  the  department  of 
finance.  The  comptroller  shall  not  reduce  the  rate  of  interest 
upon  any  taxes  or  assessments  below  the  amount  fixed  by 
law.  No  contract  hereafter  made,  the  expense  of  the  execu- 
tion of  which  is  not  by  law  or  ordinance,  in  whole  or  in 
part,  to  be  paid  by  assessments  upon  the  property  benefited, 
shall  be  binding  or  of  any  force,  unless  the  comptroller  shall 
indorse  thereon  his  certificate  that  there  remains  unexpended 
and  unapplied,  as  herein  provided,  a  balance  of  the  appro- 
priation or  fund  applicable  thereto,  sufficient  to  pay  the  esti- 
mated expense  of  executing  such  contract,  as  certified  by  the 
officer  making  the  same.  But  this  provision  shall  not  apply 
to  work  done,  or  supplies  furnished,  not  involving  the  expendi- 
ture of  more  than  one  thousand  dollars,  unless  the  same  is 
required  by  law  to  be  done  by  contract  at  public  letting.  It 
shall  be  the  duty  of  the  comptroller  to  make  such  indorse- 
ment upon  every  such  contract  so  presented  to  him,  if  there 
remains  unapplied  and  unexpended  such  amount  so  specified 
by  the  officer  making  the  contract,  and  to  thereafter  hold  and 
retain  such  sum  to  pay  the  expense  incurred  until  the  said 
contract  shall  be  fully  performed.  And  such  indorsement 
shall  be  sufficient  evidence  of  such  appropriation  or  fund  in 
any  action.  The  comptroller  shall  furnish  to  each  head  of 
department,  monthly,  a  statement  of  the  unexpended 
balances  of  the  appropriation  for  his  department.  Wages 
and  salaries,  except  as  otherwise  provided  in  this  act, 
may  be  paid  upon  pay-rolls,  upon  which  each  person  named 
thereon  shall  separately  receipt  for  the  amount  paid  to  such 


52 


LAjWS  op  new  YORK. 


person,  and  in  every  case  of  payment  upon  a  pay-roll  the  war- 
rant for  the  aggregate  amount  of  wages  and  salaries  included 
therein  may  be  made  payable  to  the  supermtendent,  foreman 
or  other  officer  designated  for  the  purpose.  The  comptroller 
shall  enter  into,  upon  behalf  of  The  City  of  New  York,  any 
lease  authorized  by  the  commissioners  of  the  sinking  fund  of 
property  leased  to  the  city.  The  assent  of  the  comptroller 
shall  be  necessary  to  all  agreements  hereafter  entered  into  by 
any  city  officer,  board,  commission  or  department  for  the  acqui- 
sition by  purchase  of  any  real  estate  or  easement  therein,  when 
such  an  agreement  involves  an  obligation  to  pay  or  an  expendi- 
ture of  any  money  on  behalf  of  the  city,  and  in  any  proceedings 
that  may  hereafter  be  had  to  acquire  real  estate  or  heredita 
ments  for  or  on  behalf  of  the  corporation  of  The  City  of  New 
York,  before  an  award  shall  be  confirmed,  imposing  an  obliga- 
tion upon  the  city  to  pay  any  moneys,  the  comptroller  shall 
have  thirty  days'  notice  in  writing,  stating  before  whom  and 
at  what  time  such  proceeding  will  take  place;  but  nothing 
hereinbefore  contained  shall  affect  the  board  of  rapid  transit 
railroad  commissioners  existing  under  chapter  four  of  the  laws 
of  eighteen  hundred  and  ninety-one  as  amended.  The  comp- 
troller of  The  City  of  New  York  shall  be  elected 
and  hold  office  as  provided  in  this  act,  and  shall  receive 
an  annual  salary  of  fifteen  thousand  dollars,  and  shall 
account  to  and  pay  into  the  city  treasury  all  fees  and  emolu- 
ments to  which  he  may  be  entitled  under  the  general  tax  law 
of  the  state  of  New  York  and  all  other  statutes,  whether  gen- 
eral or  special. 

Comptroller  to  appoint  two  deputy  comptrollers. 

§  150.  The  comptroller  shall  appoint,  and  for  cause  to  be 
stated  in  the  City  Record,  at  pleasure  remove,  two  deputy 
comptrollers.  The  said  deputy  comptrollers  shall,  in  addition 
to  their  other  powers,  possess  any  or  every  power  and  perform 
any  or  every  duty  belonging  to  the  office  of  comptroller,  when- 
ever the  said  comptroller  shall,  by  due  written  authority  and 
during  a  period  of  time  not  extending  beyond  three  months, 
nor  beyond  his  term  of  office,  and  to  be  specified  in  such 
authority,  designate  and  authorize  the  said  deputy  comptrollers 
or  either  of  them  to  possess  such  powers  and  perform  such 
duties,  and  such  designation  and  authority  shall  be  duly  filed 
in  and  remain  of  record  in  the  department  of  finance  and  in 
the  mayor's  office.  The  said  deputy  comptrollers  shall  possess 
the  like  authority  in  case  of  the  disability  of  the  comptroller, 


OHAK^TEB  OF  NEW  YORK  CITY.  53 


upon  the  like  designation  of  the  mayor,  which  shall  be  filed 
and  remain  of  record  as  aforesaid;  but  such  authority,  derived 
from  a  designation  from  the  comptroller  or  the  mayor,  may  at 
any  time  be  terminated  in  the  same  manner  as  it  wa?  created. 

Bureaus  of  the  department  of  finance. 

§  151.  There  shall  be  five  bureaus  in  this  department: 

1.  A  bureau  for  the  collection  of  revenue  accruing  from 
rents  and  interests  on  bonds  and  mortgages,  and  revenue  aris- 
ing from  the  use  or  sale  of  property  belonging  to  or  managed 
by  the  city,  and  the  management  of  the  markets,  the  stalls  or 
stands  in  v^hich  shall  be  rented  on  permits,  to  be  issued  by  the 
comptroller,  all  of  such  permits  heretofore  or  to  be  hereafter 
issued  to  be  revocable  by  the  comptroller  for  good  and  suffi- 
cient cause,  and  not  otherv^ise,  v^hich  shall  be  known  as  the 
bureau  for  the  collection  of  city  revenue  and  of  markets.  The 
chief  officer  of  such  bureau  shall  be  called  the  collector  of  city 
revenue  and  the  superintendent  of  markets.  It  shall  be  lawful 
for  such  bureau,  under  the  direction  of  the  comptroller,  to  col- 
lect rental  for  the  temporary  use  and  occupation  of  property 
acquired  by  the  city  for  public  purposes  between  the  time  of 
the  acquisition  thereof  and  the  time  when  the  same  can  be 
actually  utilized  for  the  purposes  for  which  it  was  acquired, 
and  of  property  which,  having  been  originally  acquired  for 
public  purposes,  has  ceased  to  be  used  for  such  purposes. 

2.  A  bureau  for  the  collection  of  taxes,  the  chief  officer  of 
which  shall  be  called,  the  receiver  of  taxes.  He  shall  receive 
a  salary  at  the  rate  of  five  thousand  dollars  per  annum. 

3.  A  bureau  for  the  collection  of  assessments,  and  of  such 
taxes,  assessments  and  water  rents  as  are  in  arrears,  the  chief 
officer  of  which  shall  be  called  the  collector  of  assessments  and 
arrears.  He  shall  receive  a  salary  at  the  rate  of  four  thousand 
dollars  per  annum. 

4.  An  auditing  bureau,  which  under  the  supervision  of  the 
comptroller  shall  audit,  revise  and  settle  all  accounts  in  which 
the  city  is  concerned,  as  debtor  or  creditor,  and  the  chief  offi- 
cers whereof  shall  be  called  auditors  of  accounts,  to  be  ap- 
pointed or  removed,  as  shall  be  also  deputy  auditors,  at  the 
pleasure  of  the  comptroller.  During  the  absence  of 
either  or  any  or  all  of  said  •  auditors  of  accounts, 
from  illness  or  other  cause,  said  deputy  auditors  or 
any  or  either  of  them  shall,  when  and  to  the  extent  he  or  they 
may  be  authorized  so  to  do  in  writing  by  the  comptroller,  per- 
form the  duties  and  exercise  the  powers  of  either  or  of  any  or 


54 


LAWS  OF  NEW  YORK. 


of  all  of  the  said  auditors  of  accounts.  The  said  auditing 
bureau  shall  keep  an  account  of  each  claim  for  and  against  the 
corporation,  and  of  the  sums  allowed  upon  each,  and  certify 
the  same  to  the  comptroller,  with  the  reasons  for  the  allow- 
ance. The  comptroller  may  detail  any  of  such  auditors  and 
deputy  auditors  as  he  may  deem  proper  to  the  borough  hall 
of  the  borough  of  Brooklyn,  to  the  borough  hall  of  the  bor- 
ough of  The  Bronx,  to  the  borough  hall  of  the  borough  of 
Queens  and  to  the  borough  hall  of  the  borough  of  Richmond, 
in  addition  to  such  as  may  be  in  the  chief  office  of  the  comp- 
troller in  the  borough  of  Manhattan.  All  such  accounts  aris- 
ing from  local  improvements  within  the  borough  of  Brooklyn 
may  be  audited,  revised  and  settled  by  the  auditor  or  the 
auditors  of  accounts  so  detailed  as  aforesaid  by  the  comptroller 
in  the  borough  hall  of  the  borough  of  Brooklyn.  All  such 
accounts  arising  from  local  improvements  within  the  borough 
of  Queens  may  be  audited,  revised  and  settled  by  the  auditor 
or  auditors  of  accounts  so  detailed  as  aforesaid  by  the  comp- 
troller in  the  borough  hall  of  the  borough  of  Queens.  All 
such  accounts  arising  from  local  improvements  within  the 
borough  of  Richmond  may  be  audited,  revised  and  settled  by 
the  auditor  or  auditors  of  accounts  so  detailed  as  aforesaid  by 
the  comptroller  in  the  borough  hall  of  the  borough  of  Rich- 
mond. And  all  such  accounts  arising  from  local  improve- 
ments within  the  boroughs  of  Manhattan  and  The  Bronx  may 
be  audited,  revised  and  settled  by  any  of  the  auditors  of 
accounts  in  the  chief  office  of  the  comptroller  in  the  borough 
of  Manhattan,  or,  so  far  as  the  borough  of  The  Bronx  is  con- 
cerned, in  the  office  to  be  located  in  the  borough  hall  of  the 
borough  of  The  Bronx,  and  the  auditors  of  accounts  may  have 
such  clerks  and  assistants,  examiners,  engineers,  inspectors  and 
employes  as  the  comptroller  may  deem  necessary  and  proper, 
to  be  appointed  by  the  comptroller. 

5.  A  bureau  for  the  reception  and  safe  keeping  of  all  moneys 
paid  into  the  treasury  of  the  city,  and  for  the  payment  of 
money  on  warrants  drawn  by  the  comptroller  and  counter- 
signed by  the  mayor,  the  chief  officer  of  which  shall  be  called 
the  chamberlain. 

Appointment  and  bond  of  receiver  of  taxes  and  collector  of  assess- 
ments and  arrears. 

§  152.  The  comptroller  shall  appoint  the  receiver  of  taxes 
and  the  collector  of  assessments  and  arrears.  The  receiver  of 
taxes  and  the  collector  of  assessments  and  arrears,  before 


CHARTER  OF  NEW  YORK  CITY. 


55 


entering  upon  the  duties  of  their  offices,  shall  each  enter  into  a 
bond  to  The  City  of  New  York,  to  be  approved  by  the  chamber- 
lain and  comptroller  in  the  penal  sum  of  twenty-five  thousand 
dollars,  which  bond  shall  be  conditioned  for  the  faithful  per- 
formance of  the  duties  of  the  office  by  the  officer  giving 
such  bond.  Every  such  bond  shall  be  a  lien  on  all  the  real 
estate  held  jointly  and  severally  by  the  said  receiver  or  the 
*  said  collector  executing  the  same,  as  the  case  may  be,  or 
any  surety  thereto,  within  any  of  the  counties  embraced  in 
The  City  of  New  York  at  the  time  of  the  filing  thereof,  unless 
there  be  named  and  described  in  or  on  any  such  bond,  real 
estate  in  one  or  more  of  such  counties  equal  in  value  to  the 
amount  of  said  bond  and  owned  by  a  surety,  in  which  case  the 
said  bond  shall  be  a  lien  on  such  real  estate  so  described  and 
upon  all  the  real  estate  of  the  said  receiver  or  collector,  as  the 
case  may  be,  and  no  other,  and  shall  continue  to  be  such  lien 
until  the  condition,  together  with  all  costs  and  charges  which 
may  accrue  by  the  prosecution  thereof  shall  be  fully  satisfied, 
not  to  exceed,  however,  the  period  of  ten  years  after  the 
time  when  the  officer  who  has  given  such  bond  shall  have 
ceased  to  hold  his  office,  unless  an  action  thereon  has  been 
commenced  and  shall  then  be  pending. 

Renewal  of  bond. 

§  153.  If  at  any  time  during  the  continuance  in  office  of  the 
said  receiver  of  taxes  or  of  any  of  the  deputy  receivers  of  taxes 
or  of  the  collector  of  assessments  and  arrears  or  of  any  of  the 
deputy  collectors  of  assessments  and  arrears  the  comptroller 
shall  deem  any  surety  of  them  or  either  of  them  to  be  insuffi- 
cient, he  may  require  the  said  receiver  or  any  deputy  receiver, 
or  collector  or  any  deputy  collector  to  enter  into  a  new  bond 
to  be  approved  in  like  manner  as  herein  prescribed,  within  such 
time  as  said  comptroller  may  direct,  not  being  less  than  ten 
days  after  requiring  such  new  bond  to  be  given;  and  in  case 
of  the  neglect  or  refusal  of  any  such  officer  to  furnish  such 
bond  within  the  time  so  directed,  the  comptroller  may  declare 
his  office  vacant. 

Accounts  of  receiver  and  collector  and  their  deputies  to  be  examined. 

§  154-  Whenever  a  receiver  of  taxes  or  any  deputy  re- 
ceiver or  a  collector  of  assessments  and  arrears  or  any 
deputy  collector  shall  cease  to  hold  office,  and  within  one  year 
thereafter,  it  shall  be  the  duty  of  the  comptroller  to  examine 


56 


LAW8  OF  NEW  YOKK. 


the  accounts  of  such  receiver  or  collector  or  deputy,  and  if 
found  correct  to  cause  a  certificate  to  that  effect  to  be  filed  with 
the  bond  of  such  officer,  and  such  certificate  so  filed  shall  be  a 
full  discharge  and  satisfaction  of  the  conditions  of  such  bond 
and  the  lien  or  liens  thereby  created.  And  if  at  any  time  dur- 
ing his  continuance  in  office  any  such  receiver,  collector,  or 
deputy  receiver,  or  deputy  collector  shall  execute  and  file  with 
the  comptroller  a  new  bond  in  the  same  form  and  penalty  and  • 
approved  as  provided  in  section  one  hundred  and  fifty-two,  it 
shall  be  the  duty  of  the  comptroller  to  examine  and  adjust  the 
accounts  of  such  receiver  or  collector  or  deputy,  to  the  date  of 
such  filing,  and,  if  found  correct,  to  cause  a  certificate  to  that 
effect  to  be  filed  with  the  bond  or  bonds  previously  filed  by  such 
officer,  and  such  certificate  so  filed  shall  be  the  full  discharge 
and  satisfaction  of  the  condition  of  such  prior  bond  or  bonds  and 
of  the  lien  or  liens  thereby  created. 

Receiver  of  taxes  and  collector  of  assessments  and  arrears;  where  to 
keep  offices. 

§  155.  The  receiver  of  taxes  and  the  collector  of  assess- 
ments and  arrears  shall  each  have  his  chief  office  in  the  borough 
of  Manhattan  at  such  places  as  shall  be,  from  time  to  time,  by 
ordinance  of  the  board  of  aldermen  designated  for  that  pur- 
pose. Each  of  them  shall  also  have  an  office  in  the  borough 
of  Brooklyn,  in  the  borough  of  The  Bronx,  in  the  borough 
of  Queens  and  in  the  borough  of  Richmond,  at  such  places 
in  said  boroughs  as  shall  be  designated  by  the  comptroller. 

Receiver   of  taxes  and  collector  of  assessments  and  arrears  may 
appoint  deputies. 

§  156.  The  receiver  of  taxes  and  the  collector  of  assessments 
and  arrears  may  each  appoint  the  requisite  number  of  deputy 
tax  receivers  and  of  deputy  collectors  of  assessments  and 
arrears  respectively.  Each  of  them  shall  take  from  each  deputy 
so  appointed  by  him  a  bond,  in  such  penal  sum  and  with  such 
sureties  as  may  be  approved  by  him  and  by  the  comptroller  and 
chamberlain,  which  bond  shall  run  to  the  receiver  or  the 
collector,  as  the  case  may  be,  The  City  of  New  York  and  to 
whom  it  may  concern,  and  shall  be  conditioned  for  the  faithful 
performance  of  the  duties  of  such  deputy.  The  receiver  of 
taxes,  and  his  sureties,  shall  be  liable  for  the  acts  and  defaults 
of  the  deputy  receivers  so  appointed  and  the  collector  of  assess- 
ments and  arrears,  and  his  sureties,  shall  be  liable  for  the  acts 


CHAEiTER  OF  NEW  YOEK  CITY. 


57 


and  defaults  of  the  deputy  collectors.  Each  bond  taken  in 
pursuance  of  the  provisions  of  this  section  shall  be  filed  with 
the  comptroller.  Each  deputy  receiver  of  taxes  shall  have  all 
the  powers  and  be  subject  to  all  the  duties  of  the  receiver  of 
taxes  in  respect  to  the  collection  and  receipt  of  taxes,  and  each 
deputy  collector  of  assessments  and  arrears  shall  have  all  the 
powers  and  be  subject  to  all  the  duties  of  the  collector  of 
assessments  and  arrears  in  respect  to  the  collection  of  assess- 
ments and  arrears. 

Where  taxes,  assessments  and  arrears  are  due  and  payable. 

§  157.  Taxes,  assessments  and  arrears  due  upon  property 
within  the  borough  of  Manhattan,  shall  be  payable  and  receiv- 
able at  the  main  offices  of  the  receiver  of  taxes  and  of  the 
collector  of  assessments  and  arrears,  respectively,  in  said  bor- 
ough. Taxes,  assessments  and  arrears  due  upon  property 
situated  in  every  other  borough  shall  be  payable  at  the  offices 
of  said  receiver  of  taxes  or  collector  of  assessments  and  arrears, 
respectively,  in  the  borough  in  which  said  property  is  situated. 

Bond  of  receiver  and  collector  to  be  filed. 

§  158.  The  bonds  given  by  the  receiver  of  taxes  and  the 
collector  of  assessments  and  arrears  as  hereinbefore  provided 
shall  be  filed  and  remain  in  the  office  of  the  comptroller,  and 
true  copies  thereof,  certified  by  the  comptroller,  shall  be  filed 
in  the  office  of  the  clerk  of  each  of  the  counties 
embraced  within  The  City  of  New  York  and  shall  be 
public  records.  In  case  a  certificate  of  the  adjustment  of  the 
accounts  of  any  receiver  or  collector  be  made  as  hereinbefore 
provided,  a  true  copy  thereof,  certified  by  the  comptroller,  shall 
be  filed  in  each  of  the  offices  in  which  a  copy  of  the  bond  of 
said  receiver  or  collector  shall  have  been  filed. 

Assessment  lists  to  be  filed. 

§  159.  There  shall  be  kept  in  the  office  of  the 
collector  of  assessments  and  arrears  a  full  and  complete 
record,  in  detail,  of  all  lists  of  assessments  confirmed, 
whether  by  the  supreme  court  or  the  board  of  revision 
or  the  board  of  assessors,  with  the  date  of  confirmation 
and  the  date  of  entry  under  such  record,  which  record 
shall  be  open  to  inspection  during  office  hours,  and  the  same 
shall  be  received  as  presumptive  evidence  of  the  facts  therein 
contained.    An  assessment  shall  become  a  lien  upon  the  real 


58 


LAWS  OF  NEW  YORK. 


estate  affected  thereby  ten  days  after  its  entry  in 
the  said  record.  If  any  such  assessment  Hst  affects 
property  situated  in  any  borough,  other  than  the  borough  of 
Manhattan,  a  copy  of  such  hst  shall  forthwith  be  transmitted 
to  and  filed  in  the  office  of  the  collector  of  assessments  and 
arrears  in  the  borough  in  which  is  situated  the  property  so 
affected. 

Comptroller  to  appoint  clerks  and  assistants. 

§  1 60.  The  comptroller  shall  appoint  as  many  clerks  and 
assistants  to  the  receiver  of  taxes  and  the  collector  of  assess- 
ments and  arrears  as  may  be  necessary,  and  shall  designate 
the  boroughs  in  which  they  shall  respectively  perform  their 
duties. 

Publication  of  financial  statement. 

§  161.  It  shall  be  the  duty  of  the  comptroller  to  publish 
in  the  City  Record  within  two  months  after  the 
close  of  each  calendar  year,  a  full  and  detailed  state- 
ment of  the  receipts  and  the  expenditures  of  the  corporation 
during  the  preceding  year  and  the  cash  balance  or 
surplus;  and  in  every  such  statement  the  different 
sources  of  city  revenue,  and  the  amount  received  from  each, 
the  several  appropriations  made,  the  objects  for  which  the 
same  were  made,  and  the  amount  of  moneys  expended  under 
each,  the  money  borrowed  on  the  credit  of  the  corporation, 
the  authority  under  which  each  loan  was  made,  and  the  terms 
on  which  the  same  was  obtained,  shall  be  clearly  and  particu- 
larly specified. 

Application  of  certain  moneys. 

§  162.  It  shall  be  lawful  for  the  comptroller  to  apply  the 
moneys  accruing  for  interest  on  the  sales  of  lands  in  said  city 
for  unpaid  taxes,  assessments  and  water  rents,  or  so  much 
thereof  as  shall  be  required,  to  the  account  or  fund  designated 
"  lands  purchased  for  taxes  and  assessments,"  such  moneys  to 
be  used  for  purchases  by  the  corporation  at  such  sales. 

Dedication  of  certain  lands  for  markets. 

§  163.  The  lands  in  the  ninth  ward  of  that  part  of  the 
corporation  heretofore  known  as  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York,  bounded  on  the  north 
by  Bloomfield  street,  on  the  south  by  Gansevoort  street,  on  the 


CHARTER  OF  NEW  YORK  CJTY. 


59 


east  by  West  street  and  Tenth  avenue,  and  on  the  west  by 
Thirteenth  avenue,  being  a  portion  of  the  lands  heretofore  set 
apart  by  law  for  use  as  a  market  place,  are  hereby  dedicated 
to  market  purposes,  and  shall  be  used  and  occupied  as  such 
in  the  manner  that  may  be  designated  and  prescribed  by  the 
commissioners  of  the  sinking  fund,  who  shall  have  full  power 
and  authority  in  respect  thereto.  Said  commissioners  of  the 
sinking  fund  may,  in  their  discretion  lease  said  lands  to  be  used 
for  public  market  purposes  for  such  term  of  years,  with  such 
covenants,  and  for  such  annual  rentals,  as  in  their  judgment 
shall  be  for  the  best  interests  of  -the  city,  or  may  prepare  the 
same  for  use  as  a  public  market.  The  block  of  ground  in  said 
ward  bounded  on  the  north  by  Little  Twelfth  street,  on  the 
south  by  Gansevoort  street,  on  the  east  by  Washington  street, 
and  on  the  west  by  West  street  and  Tenth  avenue,  is  hereby 
declared  to  be  a  public  market  place,  and  subject  to  the  provi- 
sions of  section  two  hundred  and  five  of  this  act,  shall  be  kept 
for  the  exclusive  use  of  farmers  and  market  gardeners.  Any 
farmer  or  market  gardener,  or  dealer  in  farm  or 
garden  produce,  desiring  to  use  such  market,  or  the 
market  in  the  borough  of  Brooklyn  known  as  the  Wallabout 
farmers*  market,  may  present  to  the  department  of  finance  an 
affidavit,  stating  his  name,  residence,  occupation  and  a  general 
description  of  the  commodities  which  he  desires  to  sell  in  any 
such  market,  together  with  a  request  that  a  license  be  issued 
to  him  to  use  the  same.  On  the  filing  of  such  affidavit  and 
the  payment  of  a  nominal  fee  sufficient  to  defray  the  cost  of 
issuing  said  license  the  department  of  finance,  if  satisfied  that 
such  applicant  is  a  proper  person,  shall  issue  to  him  a  license 
to  use  such  market  for  a  period  not  to  exceed  one  year.  Such 
licenses  shall  be  numbered,  and  registered  in  the  department 
of  finance,  and  the  department  of  finance  shall  issue  to  such 
licensee  a  metallic  tag  or  plate,  with  the  number  of  such  license 
thereon.  Such  tag  or  plate  shall  be  of  convenient  form  and 
suitable  design,  approved  by  the  department  of  finance.  No 
person  shall  be  permitted  to  use  any  such  market  except  he  be 
a  holder  of  one  of  said  licenses,  and  while  using  such  roarket 
shall  at  all  times  cause  to  be  conspicuously  displayed  the  tag 
or  plate  containing  the  number  of  his  license.  The  department 
of  finance  shall  have  sole  charge  and  control  of  any 
such  public  market  place  and  of  the  wagons  employed  in  the 
business  of  selling  farm  and  garden  produce  in  said  city,  and 
shall  have  power  to  make  suitable  regulations  concerning  fees, 
the  hours  during  which  the  said  business  shall  be  conducted, 
and  the  general  management  of  the  same. 


60 


LAWS  OP  NEW  YORK. 


Comptroller's  powers  in  Wallabout  market. 

§  164.  The  department  of  finance  of  The  City  of  New 
York  shall  have  sole  charge  and  control  of  the  Wallabout 
market  lands  in  the  borough  of  Brooklyn  and  of  the  wagons 
employed  in  the  business  of  selling  farm  and  garden  produce 
in  and  about  said  Wallabout  market,  and  shall  have  power  to 
make  suitable  regulations  concerning  fees,  the  hours  during 
which  the  said  business  shall  be  conducted  and  the  general 
management  of  the  same.  The  portion  of  the  said  market 
commonly  known  as  "  farmers'  square  "  shall  be  kept  for  the 
exclusive  use  of  farmers  and  market  gardeners.  The  comp- 
troller shall  have  and  be  vested  with  all  the  powers  exercised 
by  the  commissioner  of  city  works  of  the  former  city  of 
Brooklyn,  and  shall  have  the  sole  power  to  lease  any  portion 
of  the  said  market  lands  and  renew  existing  leases  on  such 
terms  and  at  such  rentals  as  may  be  agreed  upon  between  him 
and  the  lessees  or  holders,  subject  to  the  following  provisions 
as  to  the  rate  of  rent:  In  case  the  amount  of  rent  for  any 
renewal  term  of  any  lease  be  not  agreed  upon  as  aforesaid  by 
the  first  day  of  January  preceding  the  expiration  of  the  previ- 
ous term,  the  same  shall,  if  either  the  comptroller  or  the  lessee 
or  holder  shall  so  elect,  be  fixed  as  now  provided  by  law  except 
that  the  rent  may,  in  the  discretion  of  the  comptroller,  be 
reduced.  The  rents  for  such  renewal  terms,  whether  agreed 
upon  as  above  provided,  or  fixed  as  now  provided  by  law,  shall 
not  be  less  than  an  amount  equal  to  two-thirds  of  the  rent  of 
the  preceding  term,  nor  exceed  an  amount  equal  to  the  rent 
of  the  preceding  term  and  one-third  thereof  in  addition  thereto. 
The  comptroller  may  at  any  time,  with  the  consent  of  the 
lessee  or  holder,  vary  or  modify  any  of  the  provisions  of  any 
lease  of  such  lands.  The  comptroller  may  also  adjust  and 
settle  any  claims  and  controversies  in  regard  to  rents  and  other 
matters  that  appertain  to  any  lease  both  those  which  have  here- 
tofore arisen  and  any  which  may  hereafter  arise  during  either 
the  original  term  or  any  renewal  or  extension  thereof  as  in  his 
opinion  justice  may  require.  Renewals  of  existing  leases  shall 
be  made  according  to  the  provisions  thereof,  unless,  within 
thirty  days  after  the  passage  of  this  amendment,  written  notice 
be  given  to  the  said  comptroller  by  the  lessee  or  holder  of  his 
election  that  the  said  lease  and  renewals  thereof  be  subject  to 
the  provisions  of  this  section.  The  comptroller  may  in  his 
discretion  allow  such  notice  to  be  given  after  the  expiration 
of  such  thirty  days,  but  nothing  herein  contained  shall  inter- 
fere with  the  jurisdiction  of  the  department  of  docks  and  fcr- 


OHARTEB  OF  NEW  YORK  OITY.  61 


ries  of  The  City  of  New  York  over  the  piers,  bulkheads  and 
water  front  in  and  around  said  Wallabout  market  lands,  nor 
with  the  jurisdiction  of  the  president  of  the  borough  of  Brook- 
lyn over  said  Wallabout  market  lands,  so  far  as  concerns  his 
powers  over  highways. 

TITLE  2. 

The  Bonds  and  Obligations  of  the  City. 

Corporate  stock  of  The  City  of  New  York;  how  issued;  provisions  as 
to  bonded  indebtedness. 

§  169.  All  bonds  issued  by  The  City  of  New  York  on  and 
after  January  first,  eighteen  hundred  and  ninety-eight,  in  pursu- 
ance of  laws  already  passed  or  which  may  hereafter  be 
passed,  or  in  pursuance  of  the  provisions  of  this  act,  except- 
ing assessment  bonds  and  revenue  bonds,  shall  be  known 
as  "  corporate  stock  of  The  City  of  New  York."  For 
the  redemption  and  payment  of  said  corporate  stock  and 
the  interest  thereon,  the  faith  and  credit  of  The  City  of 
New  York  shall  be  and  is  hereby  pledged.  Such  corporate 
stock  shall  be  in  such  form  as  may  be  designated  by  the  comp- 
troller, and  shall  be  signed  by  the  said  comptroller  and  the 
mayor  of  The  City  of  New  York,  and  sealed  with  the  common 
seal  of  The  City  of  New  York,  and  attested  by  the  city  clerk. 
Such  corporate  stock  shall  be  in  coupon  form  in  sums  not  less 
than  five  hundred  dollars  each  share,  or  shall  be  registered, 
and  shall  be  conditioned  to  be  paid  in  gold  coin,  or  in  the  legal 
currency  of  the  United  States,  at  the  option  of  the  commis- 
sioners of  the  sinking  fund  and  shall  be  made  redeemable  at  a 
period  of  not  less  than  ten,  nor  more  than  fifty  years  from 
the  date  thereof.  Such  corporate  stock  and  all  assess- 
ment bonds  and  revenue  bonds,  as  well  as  all  bonds 
hereafter  to  be  issued  by  The  City  of  New  York  by 
virtue  of  this  act  or  of  any  other  act,  whether  general  or  special, 
shall  be  free  and  exempt  from  all  taxation,  except  for  state 
.purposes.  The  interest  on  such  corporate  stock  and  on  all 
other  bonds  of  the  corporation,  except  revenue  bonds,  shall 
not  exceed  four  per  centum  per  annum,  and  shall  be  made  pay- 
able quarterly,  or  semi-annually,  in  The  City  of  New  York,  or 
at  such  other  place  as  may  be  fixed  by  the  said  comptroller  at 
the  time  of  issue  of  said  stock  or  bonds;  provided,  however, 
that  the  interest  on  revenue  bonds,  issued  in  anticipation  of 
the  collection  of  taxes  may  be  made  payable  at  the  date  of  the 


62 


LA.WS  OF  NEW  YORK. 


maturity  thereof.  Such  corporate  stock  may  be  authorized  to 
be  issued  by  the  board  of  estimate  and  apportionment  without 
the  concurrence  or  approval  of  any  other  board  or  pubHc 
body  for  the  following  purposes  and  within  the  following 
limitations:  i.  For  the  purposes  specified  in  section  one 
hundred  and  seventy  of  this  act;  2.  For  the  purposes 
specified  in  section  one  hundred  and  seventy-four  of  this  act; 
3.  For  the  purposes  specified  in  section  one  hundred  and 
seventy-six  of  this  act;  4.  For  the  purposes  specified  in  sec- 
tion one  hundred  and  eighty-four  of  this  act;  5.  For  the  pur- 
poses specified  in  section  two  hundred  and  thirty-five  of  thi'^ 
act;  6.  For  the  purposes  specified  in  section  four  hundred 
and  twenty-two  of  this  act;  7.  For  the  purposes  specified 
in  section  one  hundred  and  seventy-eight  of  this  act,  to  an 
amount  not  exceeding  two  million  dollars  in  any  one  calen- 
dar year;  8.  To  pay  the  awards,  costs,  charges  and  expenses 
of  acquiring  title  to  lands  required  for  public  purposes  and 
which  have  been  or  may  hereafter  be  authorized  by  or  pur- 
suant to  law;  9.  For  constructing  and  equipping  school 
buildings  and  acquiring  sites  therefor  to  an  amount  not 
exceeding  three  million  five  hundred  thousand  dollars  in 
any  one  calendar  year;  10.  For  the  repaving  of  streets  to  an 
amount  not  exceeding  tv/o  million  dollars  in  any  one  calendar 
year;  11.  For  the  improvement  of  parks,  parkways  and 
drives  to  an  amount  not  exceeding  five  hundred  thousand 
dollars  in  any  one  calendar  year.  Corporate  stock  to  be 
issued  for  purposes  ether  than  those  hereinbefore  in 
this  section  specifically  enumerated,  or  for  such  purposes 
in  excess  of  the  amounts  therein  specified,  shall  be 
authorized  by  the  board  of  aldermen  with  the  approval  of  the 
board  of  estimate  and  apportionment  as  provided  by  section 
forty-seven  of  this  act ;  provided,  however,  that  wherever  by 
existing  provisions  of  law,  the  commissioners  of  the  sinking 
fund  may  be  specifically  authorized  to  provide  for  the  issue 
of  stocks  or  bonds,  said  authorization  of  the  comptroller  shall 
be  made  by  said  commissioners  instead  of  said  board  of  esti- 
mate and  apportionment;  and  that  nothing  in  this  section  con- 
tained shall  afifect  the  provisions  of  sections  one  hundred  and 
eighty  and  two  hundred  and  thirteen  of  this  act. 


OHARiTER  OF  NEW  YORK  CITY.  63 


Issue  of  stock  or  bonds  by  The  City  of  New  York  to  take  the  place 
of  bonds  authorized  to  be  issued  by  laws  enacted  prior  to 
January  i,  1898. 

§  170.  Whenever,  and  to  the  extent  to  which,  It  may  be 
lawful  for  the  municipal  or  public  corporations  or  parts 
thereof,  including  the  counties  of  Kings  and  Richmond, 
which  by  this  act  are  made  part  of  the  corporation  of  The 
City  of  New  York,  to  issue  for  public  purposes  bonds  pur- 
suant to  laws  enacted  prior  to  January  first,  eighteen  hundred 
and  ninety-eight,  it  shall  be  lawful  for  The  City  of  New 
York,  as  hereby  constituted,  to  issue  corporate  stock  as 
herein  provided  for  the  same  purposes;  provided,  however, 
that  the  amount  so  to  be  issued  shall  not  in  any  one  case 
exceed  the  balance  remaining  unissued  of  the  amount  Hmited 
to  be  issued  pursuant  to  the  authority  of  said  laws.  In  simi- 
lar instances  assessment  bonds  and  revenue  bonds  of  The 
City  of  New  York,  as  hereby  constituted,  may  likewise  be 
so  issued,  subject  to  the  same  limitations  as  to  the  amount 
thereof. 

Bonds  to  be  issued  in  sums  of  ten  dollars  or  any  multiple  thereof. 

§  171.  Whenever  it  shall  be  lawful  to  issue  any  bonds  of 
The  City  of  New  York,  as  constituted  by  this  act,  the  same, 
when  issued  in  registered  form,  may  be  issued  in  denomina- 
tions of  ten  dollars  or  any  multiple  thereof.  Preference  shall, 
as  far  as  practicable,  and  without  pecuniary  disadvantage  to 
the  said  city  of  New  York,  be  given  to  applicants  for  the 
smallest  amounts  and  smallest  denominations  of  said  bonds 
in  issuing  the  same. 

Registration  of  stocks  and  bonds. 

§  172.  All  stocks  and  bonds  heretofore  lawfully  issued  by 
any  of  the  municipal  or  public  corporations  or  parts  thereof, 
which  have  heretofore  been  annexed  to  or  consolidated  with 
the  corporation  known  as  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York,  or  which  by  this  act  are  made 
part  of  the  corporation  of  The  City  of  New  York,  as  hereby 
constituted,  including  the  counties  of  Kings  and  Richmond, 
for  the  payment  of  the  principal  and  interest  of  which  The 
City  of  New  York  is  liable,  may  be  registered  and  must  be 
recorded  by  the  owners  thereof  in  the  comptroller's  office  in 
said  city,  and  shall  be  transferable  at  the  pleasure  of  the  holder, 
either  in  person  or  by  attorney,  only  upon  the  books  of  the 


64 


LAWS  OF  KEW  YORK. 


corporation  in  said  office,  and  subject  to  such  reasonable  rules 
and  regulations  as  the  comptroller  may  prescribe ;  such  registry 
and  transfer  to  be  indorsed  thereon  by  the  comptroller.  When- 
ever such  stocks  or  bonds  have  been  issued  in  coupon  form, 
and  whenever  hereafter  corporate  stock  of  The  City  of  New 
York  may  be  so  issued,  it  shall  be  the  privilege  of  the  holders 
thereof  at  any  time,  subject  to  such  rules  and  regulations  to 
convert  the  same  into  registered  stock  or  bonds,  and  the  comp- 
troller is  hereby  authorized  to  issue  registered  stock  or  bonds 
therefor  ir  the  manner  and  form  in  which  the  same  would 
have  been  conditioned  if  originally  issued  in  registered  form. 
The  interest  on  all  such  stocks  and  bonds  when  so  registered 
shall,  as  the  same  shall  become  due  and  payable,  be  paid  in 
like  manner  as  upon  other  registered  stocks  and  bonds  of  The 
City  of  New  York;  and  whenever  any  such  stocks  or  bonds 
have  coupons  attached,  the  comptroller  shall,  upon  registration 
thereof,  have  authority  to  detach  all  coupons  therefrom,  and 
shall  thereupon  indorse  the  fact  of  such  registration,  with  a 
reference  to  this  section. 

Fund  for  street  and  park  openings. 

§  173.  The  fund  heretofore  established  and  accumulated  in 
the  treasury  of  the  corporation  known  as  the  mayor,  aldermen 
and  commonalty  of  the  city  of  New  York,  entitled  the  "  fund 
for  street  and  park  openings,"  shall  be  continued  in  the  cor- 
poration of  The  City  of  New  York,  as  hereby  constituted. 
The  said  fund  for  street  and  park  openings  shall  consist  of : 

1.  Whatever  cash  balance  in  said  fund  may  upon  January 
first,  eighteen  hundred  and  ninety-eight,  be  on  deposit  in  the 
treasury  of  the  corporation  known  as  the  mayor,  aldermen 
and  commonalty  of  the  city  of  New  York. 

2.  Whatever  cash  balances  there  may  be  on  January  first, 
eighteen  hundred  and  ninety-eight,  in  the  treasuries  or  stand- 
ing to  the  credit  of  the  several  municipal  or  public  corpora- 
tions or  parts  thereof  which  by  this  act  are  made  part  of  the 
corporation  of  The  City  of  New  York,  and  which  said  cash 
balances  may  be  applicable  to  the  payment  of  damages  awarded 
by  the  commissioners  of  estimate  and  assessment  in  reports 
heretofore  confirmed  or  hereafter  to  be  confirmed  in  proceed- 
ings taken  to  open  any  street,  road,  avenue,  boulevard,  public 
square  or  place,  park  or  parkway,  or  to  acquire  title  to  land 
required  for  any  bridge,  tunnel  or  approach  thereto,  and  all 
the  costs  and  expenses  of  such  proceedings  heretofore  or  here- 
after taxed. 


CHARTER  OF  NEW  YORK  CITY. 


65 


3.  Such  sums  as  may  be  raised  by  taxation  in  The  City  of 
New  York,  and  the  proceeds  of  such  bonds  as  may  be  issued 
as  by  this  act  provided  to  meet  the  expense,  in  whole  or  in 
part,  of  any  of  the  objects  and  purposes  in  the  preceding  sub- 
division of  this  section  specified. 

4.  All  moneys  hereafter  collected  by  The  City  of  New  York, 
as  hereby  constituted,  for  or  on  account  of  assessments  made 
and  confirmed  and  hereafter  to  be  made  and  confirmed  for 
opening  any  street,  road,  avenue,  boulevard,  public  square  or 
place,  park  or  parkway,  or  for  acquiring  title  to  land  required 
for  any  bridge,  tunnel  or  approach  thereto,  wholly  or  partly 
within  the  limits  of  the  several  municipal  or  public  corpora- 
tions or  parts  thereof,  which  by  this  act,  are  made  part  of  the 
corporation  of  The  City  of  New  York, 

Damages,  etc.,  to  be  paid  from  said  fund. 

§  174.  From  the  said  fund  for  street  and  park  openings, 
and  not  otherwise,  shall  be  paid  all  damages  awarded  by  the 
commissioners  of  estimate  and  assessment  in  reports  hereafter 
or  heretofore  confirmed  in  proceedings  taken  to  open  any 
street,  road,  avenue,  boulevard,  public  square  or  place,  park 
or  parkway,  or  to  acquire  title  to  land  required  for  any  bridge, 
tunnel,  or  approach  thereto  in  The  City  of  New  York,  as  hereby 
constituted,  and  all  the  costs  and  expenses  of  such  proceed- 
ings heretofore  or  hereafter  taxed.  The  person  or  persons 
to  whom  awards  shall  be  made  in  such  proceedings,  wherein 
reports  are  or  have  been  confirmed,  and  the  person  or  persons 
in  whose  favor  f osts  and  expenses  may  be  or  have  been  taxed, 
shall  not  have  an  action  at  law  against  The  City  of  New  York 
for  such  awards,  costs  or  expenses,  but  may  require  the  offi- 
cers of  said  city  to  raise,  as  hereafter  provided,  the  money 
necessary  to  enable  the  comptroller  to  pay  such  awards,  costs 
and  expenses  from  the  said  fund,  and  thereafter  compel  the 
payment  of  such  damages,  costs  and  expenses  from  such  fund. 
Whenever  the  amount  of  the  damages  awarded  in  any  report, 
together  with  the  costs  of  the  commissioners  and  the  charges 
and  expenses,  shall  exceed  the  balance  remaining  in  said  fund 
after  deducting  all  outstanding  claims  against  said  balance, 
the  comptroller  is  authorized  to  raise  by  the  issue  and  sale 
of  revenue  bonds  such  amounts  as  shall  be  necessary  to  pay 
such  damages,  costs  and  expenses ;  provided,  however,  that  in 
each  and  every  case  in  which  by  virtue  of  any  existing  statute 
or  any  statute  hereafter  enacted,  or  by  virtue  of  any  act  or 


GG 


LAWS  OF  NEW  YORK. 


resolution  heretofore  or  hereafter  adopted  by  any  board  or 
body  pursuant  to  any  statute,  the  whole  or  any  portion  of  the 
awards  made  in  any  proceeding,  and  of  the  costs  and  expenses 
thereof,  are  payable  out  of  the  fund  for  street  and  park  open- 
ings and  are  not  to  be  assessed  upon  the  property  benefited, 
but  are  to  be  borne  and  paid  by  The  City  of  New  York,  the 
board  of  estimate  and  apportionment  may,  in  its  discretion, 
direct  that  the  amount  so  to  be  borne  and  paid 
by  said  city  of  New  York  shall  be  raised  by  the  issue 
and  sale  of  corporate  stock  of  The  City  of  New  York,  and  the 
comptroller  shall  thereupon  issue  and  sell  said  stock  at  such 
times  and  in  such  amounts  as  may  be  necessary,  and  shall  pay 
the  proceeds  thereof  into  said  fund  for  street  and  park  open- 
ings. 

Replenishment  of  said  fund. 

§  175.  The  corporation  counsel  shall  furnish  to  the  board 
of  estimate  and  apportionment  in  each  year,  at  the  time  of 
making  the  estimate  for  the  ensuing  year,  a  Hst  of  all  reports 
confirmed  for  the  twelve  preceding  months  with  a  statement 
of  the  amount  of  awards  and  costs  taxed  in  each  proceeding. 
The  comptroller  shall  at  the  same  time  furnish  to  the  said 
board,  statements  of  the  amount  of  such  awards  and  costs 
already  paid,  and  of  the  amounts  due  for  awards  and  costs 
payable-  from  the  said  fund  and  still  unpaid,  and  of  the 
amounts  of  revenue  bonds  then  outstanding,  issued  in  pur- 
suance of  the  last  preceding  section,  and  of  the  bal- 
ance in  the  treasury  to  the  credit  of  the  said  fund. 
The  board  of  aldermen  and  the  said  board  shall  there- 
upon include  in  the  annual  budget  for  the  ensuing  year  a 
sum  sufficient,  with  such  balance,  to  pay  all  claims  for  the 
awards  and  costs  in  all  proceedings  in  which  reports  shall 
have  been  prior  to  that  time  confirmed,  and  which  awards 
shall  not  then  have  been  paid,  and  also  a  sum  sufficient  to 
pay  and  discharge  the  revenue  bonds  then  outstanding  and 
issued  in  pursuance  of  the  last  preceding  section. 

Payment  of  assessments  imposed  upon  The  City  of  New  York. 

§  176.  It  shall  be  the  duty  of  and  lawful  for  the 
comptroller  when  thereto  authorized  by  the  board  of 
estimate  and  apportionment  to  issue  such  amounts  of 
the  corporate  stock  of  The  City  of  New  York  as 
shall  be  necessary  to  provide  the  funds  to  enable  said  comp- 


CHARTER  OF  NEW  YORK  CITY. 


67 


troller  to  pay  any  and  all  assessments  and  expenses  imposed, 
or  that  may  hereafter  be  imposed  directly  or  indirectly  upon 
The  City  of  New  York,  by  reason  of  the  laying  out,  opening, 
regulating  and  grading  or  improving  any  and  all  streets,  roads, 
avenues,  public  parks,  squares  or  places,  or  the  construction 
of  sewers,  and  out  of  the  proceeds  of  said  stock  to  pay  such 
assessments  and  expenses. 

Disposition  of  moneys  received  from  certain  assessments. 

§  177.  The  moneys  collected  upon  the  assessments  laid  by 
the  commissioners  of  estimate  and  assessment,  appointed  in 
pursuance  of  sections  six  hundred  and  seventy  to  six  hun- 
dred and  seventy-eight  inclusive  of  chapter  four  hundred  and 
ten  of  the  laws  of  eighteen  hundred  and  eighty-two,  as 
amended,  shall  be  applied  toward  the  payment  of  the  fund 
or  stock  authorized  by  section  one  hundred  and  forty  of 
chapter  four  hundred  and  ten  of  the  laws  of  eighteen  hundred 
and  eighty-two,  or  to  the  payment  of  said  awards  and  ex- 
penses, if  received  before  the  issue  of  said  fund  or  stock. 

Expenses  relating  to  the  water  supply;  how  to  be  met. 

§  178.  It  shall  be  the  duty  of  the  comptroller,  and  he  is 
hereby  authorized  and  directed  when  thereto  authorized  by 
the  board  of  estimate  and  apportionment,  or  when  the  amount 
to  be  issued  in  any  one  year  exceeds  the  sum  of  two  miUion 
dollars  when  thereunto  authorized  by  the  board  of  aldermen 
and  the  board  of  estimate  and  apportionment,  on 
requisition  of  the  commissioner  of  water  supply,  to 
raise,  from  time  to  time,  on  the  issue  of  corporate  stock  of 
The  City  of  New  York,  amounts  of  money  sufficient  to  pay  the 
sums  which  may  be  necessary  from  time  to  time  to  be  paid 
for  the  acquisition  of  any  real  estate,  or  for  the  extinguishment 
of  any  right,  title  or  interest  therein  to  be  acquired  or  extin- 
guished under  the  provisions  of  the  laws  relating  to  the  supply 
of  water  to  the  city,  together  with  all  expenses  necessarily 
incurred  in  surveying,  locating  and  acquiring  title  to  such  real 
estate,  or  extinguishing  claims,  for  damages  thereto ;  and  also 
all  such  sums  as,  from  time  to  time,  may  be  found  necessary 
for  the  construction  of  aqueducts,  reservoirs,  dams,  sluices, 
canals  and  appurtenances  and  for  the  distribution  of  water 
by  mains,  pipes  or  other  conduits;  and  all  such  payments 
shall  be  made  by  the  comptroller  on  the  certificate  of  the 
commissioner  of  water  supply,  gas  and  electricity. 


68 


LAWS  OF  NEW  YORK. 


Bonds  for  drains. 

§  179.  It  shall  be  the  duty  of  the  comptraller,  when  thereto 
authorized  by  the  board  of  estimate  and  apportionment,  to 
issue  assessment  bonds  in  behalf  of  The  City  of  New  York, 
to  an  amount  sufficient  to  raise  the  sum  necessary  to  pay  any 
damages  that  may  from  time  to  time  be  awarded  to  the 
owners  of  lands  for  the  right  of  way  required  for  drains  and 
for  the  expense  of  plans  and  surveys  and  the  fees  of  commis- 
sioners. The  proceeds  of  such  bonds  shall  be  paid  into  the 
street  improvement  fund,  from  which  fund  payments  as 
aforesaid  shall  be  made, and  assessments  collected  on  account 
thereof  shall  be  paid  into  said  street  improvement  * 

Expenses  of  the  department  of  docks  and  ferries;  how  met. 

§  180.  The  comptroller  shall,  from  time  to  time,  when 
authorized  by  the  board  of  estimate  and  apportionment  on 
the  recommendation  of  the  commissioners  of  the  sink- 
ing fund,  issue  corporate  stock  of  The  City  of  New 
York  in  such  amounts  as  they  may  deem  the  public 
interests  to  demand,  but  not  exceeding  five  million  dol- 
lars in  any  one  calendar  year  for  the  purpose  of 
raising  the  money  necessary  to  carry  out  the  provisions  of 
title  one  of  chapter  sixteen  of  this  act,  relating  to  the  department 
of  docks  and  ferries,  its  powers  and  duties.  In  case  the  public 
interests  demand  the  issue  of  such  bonds  to  an  amount  exceed- 
ing the  sum  of  five  million  dollars  in  any  one  calendar  year, 
the  approval  and  authority  of  the  board  of  aldermen  shall  be 
obtained  therefor  in  the  manner  provided  for  by  sections 
forty-seven  and  forty-eight  of  this  act.  The  moneys 
received  from  sales  of  such  stocks  shall  be  deposited  in  the 
treasury  of  the  city  and  shall  be  drawn  out  and  paid  by  the 
comptroller  of  said  city  for  the  several  objects  and  purposes 
provided  in  said  title,  relating  to  the  said  department,  its 
powers  and  duties,  upon  the  requisition  of  the  board  of  dockj; 
provided,  however,  that  the  commissioners  of  the  sinking 
fund  may  specify  from  time  to  time  in  such  detail  as  may 
seem  to  them  proper  the  purposes  to  which  the  proceeds  of 
the  sale  of  such  stock  shall  be  applied,  and  it  shall  thereupon 
be  unlawful  for  the  board  of  docks  to  incur  any  liability  or 
expense  in  excess  of  any  appropriation  thus  made.  The 
expenses  and  compensation  of  said  board,  its  rents,  the  com- 
pensation of  its  appointees,  the  purchase  money  and  damages 
awarded  upon  the  acquisition  of  private  property,  the  pay- 


*  Ho  in  tbo  ori;;iiial. 


CHARTER  OF  NEW  YORK  CITY. 


69 


ments  under  the  contracts  authorized  in  said  title  and  for 
work  performed  under  the  same,  and  all  other  expenses  and 
disbursements  necessarily  incurred  in  carrying  out  the  said 
provisions  of  said  title  in  keeping,  maintaining,  repairing, 
building  and  rebuilding  the  wharves  belonging  to  the  said 
corporation,  in  dredging  and  cleaning  slips,  shall  be  paid  out 
of  said  moneys  in  the  manner  above  provided. 

Assessment  bonds. 

§  i8i.  It  shall  be  lawful  for  the  comptroller,  when 
authorized  by  the  board  of  estimate  and  apportionment  to  issue 
assessment  bonds,  at  not  less  than  par,  for  such  periods  as  said 
comptroller  may  determine,  not  exceeding  ten  years,  and  bear- 
ing interest  at  a  rate  not  exceeding  four  per  centum  per  annum, 
to  provide  the  means  necessary  to  pay  all  expenses  incurred 
or  to  be  incurred  on  account  of  regulating  and  paving  streets, 
building  sewers,  and  all  other  work  ordered  to  be  done  by  con- 
tract, by  virtue  of  ordinances  which  may  be  hereafter  passed 
by  the  board  of  aldermen  of  The  City  of  New  York, 
the  expense  whereof  is  to  be  collected  by  assess- 
ment from  the  property  benefited  by  said  work  or  works,  or 
on  account  of  any  local  improvement  or  other  public  work 
heretofore  made  or  performed,  or  that  shall  hereafter  be  made 
or  performed  under  and  by  virtue  of  the  authority  of  any  law 
in  all  cases  in  which  the  said  expense  is  to  be  paid  in  whole 
or  in  part  by  assessment  upon  the  property  benefited.  No 
moneys  shall  be  paid  out  of  the  proceeds  of  said  bonds  on 
account  of  any  contract  hereinbefore  referred  to,  until  a  copy 
of  said  contract  has  been  filed  with  the  comptroller  of  said 
city  by  the  president  of  a  borough,  the  head  of  the  department 
or  board  having  such  work  in  charge,  and  also  a  certificate  in  - 
writing  from  the  president  of  a  borough,  head  of  such  depart- 
ment or  board,  stating  that  a  payment  is  due  and  the  amount  of 
such  payment.  On  work  contracted  for  subsequent  to  May 
seventh,  eighteen  hundred  and  seventy-two,  or  hereafter  con- 
tracted for,  no  interest  shall  be  charged  on  the  monthly  or 
other  intermediate  payments  to  any  contractor,  and  thirty  per 
centum,  and  no  more,  shall  be  reserved  from  the  amount  or 
value  of  work  specified  and  certified  from  time  to  time  to  the 
comptroller  of  said  city,  by  the  proper  officer,  to  have  been 
done  by  any  contractor;  and  such  reserved  thirty  per  centurh 
shall  be  paid  to  such  contractor  on  or  before  the  expiration 
of  thirty  days  from  the  completion  and  acceptance  of  the  work. 


70 


LAWS  OF  NEW  YORK. 


The  fund  heretofore  created  by  the  corporation  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New  York, 
known  as  the  "  street  improvement  fund,"  shall  be  continued, 
and  into  such  fund  shall  be  paid  the  proceeds  of  the  sale  of 
assessment  bonds  as  by  this  section  authorized,  and  of  such 
bonds  as  may  by  other  provisions  of  law  be  authorized  to  be 
issued  for  similar  purposes  within  the  territory  of  The  City 
of  New  York,  as  hereby  constituted,  and  for  the  payment  of 
the  expense  of  which  the  said  city  may,  in  the  first  instance, 
become  liable,  as  well  as  the  cash  balances  of  assessments 
already  collected,  or  to  be  hereafter  collected,  on  account  of 
similar  contracts  duly  entered  into  by  the  proper  authorities  of 
the  several  municipal  or  public  corporations,  or  parts  thereof, 
which  by  this  act  are  consolidated  with  the  corporation  known 
as  the  mayor,  aldermen  and  commonalty  of  the  city  of  New 
York. 

Proposals  for  bonds  and  stock  hereafter  issued  or  purchased. 

g  182.  Whenever  any  bonds  or  stock  shall  be  hereafter 
issued,  other  than  revenue  bonds,  or  such  bonds  and  stocks. as 
may  be  purchased  for  investment  by  the  commissioners  of  the 
sinking  fund,  the  com.ptroller  shall  mvite  proposals  therefor  by 
public  advertisement,  for  not  less  than  ten  days,  and  shall  award 
the  same  to  the  highest  bidder  or  bidders  therefor;  provided, 
that  no  proposals  for  bonds  or  stocks  shall  be  accepted  for  less 
than  the  par  value  of  the  same;  and  said  proposals  shrill  only  be 
publicly  opened  by  the  comptroller,  in  the  presence  of  the  com- 
missioners of  the  sinking  fund,  or  such  of  them  as  shall  attend. 
It  shall  be  a  condition  of  sale  of  such  bonds  and  stocks,  and  the 
advertisement  calling  for  proposals  therefor  shall  so  declare, 
that  every  bidder  may  be  required  to  accept  a  portion  of  the 
whole  amount  thereof  bid  for  by  him  at  the  same  rate  or  pro- 
portional price  as  may  be  specified  in  his  bid;  and  any  bid 
which  conflicts  with  this  condition  shall  be  rejected.  Every 
bidder,  as  a  condition  precedent  to  the  reception  or  considera- 
tion of  his  proposal,  shall  deposit  with  the  comptroller  a  certi- 
fied check,  drawn  to  the  order  of  said  comptroller  upon  one  of 
the  state  or  national  banks  of  the  said  city,  or  a  sum  of  money; 
such  check  or  money  to  accompany  the  proposal  to  an  amount 
to  be  fixed  by  the  comptroller  not  exceeding  two  and  one-half 
per  centum  of  the  amount  of  the  proposal.  Within  three  days 
after  the  decision  as  to  who  is  or  are  the  highest  bidder  or 
bidders,  the  comptroller  shall  return  all  deposits  made  to  the 


CHARTER  OF  NEAV  YORK  CITY. 


71 


persons  making  the  same,  except  the  deposit  made  by  the 
highest  bidder  or  bidders,  and  if  the  said  highest  bidder  or 
bidders  shall  refuse  or  neglect,  within  five  days  after  service 
of  written  notice  of  the  award  to  him  or  them,  to  pay  to  the 
city  chamberlain  the  amount  of  the  stocks  or  bonds  awarded 
to  him  or  them  at  their  par  value,  together  with  the  premium 
thereon,  less  the  amount  deposited  by  him  or  them,  the  amount 
or  amounts  of  deposit  thus  made  shall  be  forfeited  to  and 
retained  by  said  city  as  liquidated  damages  for  such  neglect 
or  refusal,  and  shall  thereafter  be  paid  into  the  sinking  fund 
of  The  City  of  New  York  for  the  redemption  of  the  city  debt. 

Expenses  of  restoring  street  pavements;  how  met. 

§  183.  The  moneys  which  the  comptroller  is  authorized  to 
pay  pursuant  to  the  provisions  of  section  three  hundred  and 
ninety-one  of  this  act  shall  be  obtained  by  him  from  time  to 
time  as  may  be  necessary,  by  the  sale  of  assessment  bonds  as 
provided  by  section  one  hundred  and  eighty-one  of  this  act. 
The  money  collected  pursuant  to  the  provisions  of  said  sec- 
tion three  hundred  and  ninety-one  shall  be  set  apart,  when 
collected,  as  a  trust  fund,  and  applied  to  the  redemption  of 
the  principal  and  interest  of  said  bonds. 

Redemption  of  certain  bonds  payable  from  collection  of  assessments. 

§  184.  If  at  any  time  hereafter  the  amount  in  the  treasury 

of  the  city  derived  from  collections  of  assessments  shall  be  in- 
sufficient to  meet  and  pay,  when  they  become  due  and  payable, 
any  bonds  issued  by  The  City  of  New  York,  as  hereby  consti- 
tuted, or  any  bonds  heretofore  issued  by  any  of  the  municipal 
or  public  corporations  or  parts  thereof  hereby  consolidated  into 
The  City  of  New  York,  for  expenditures  incurred  on  public  im- 
provements, payable  in  whole  or  in  part  from  assessments,  then 
it  shall  be  lawful  for  the  comptroller,  when  thereto  authorized  bv 
the  board  of  estimate  and  apportionment,  to  issue  corporate 
stock  of  The  City  of  New  York  for  an  amount  sufficient  to 
pay  the  bonds  so  falling  due  as  aforesaid;  or  the  comptroller 
may  in  his  discretion,  for  such  purpose,  issue  assessment 
bonds  in  the  manner  provided  by  section  one  hundred  and 
eighty-one  of  this  act. 

Deficiencies  in  collections  of  arrears  of  assessments;  how  met. 

§  185.  The  comptroller  is  hereby  authorized  to  issue  from 
time  to  time  assessment  bonds  in  the  manner  provided  by  sec- 


72 


LAWS  OF  NEW  YORK. 


tion  one  hundred  and  eighty-one  of  this  act,  to  provide  such 
amounts  as  may  be  required  to  meet  the  deficiencies  caused  by 
delay  in  collecting  arrears  of  assessments;  the  aggregate 
amount  so  issued  not  to  exceed  at  any  time  the  aggregate 
amount  of  said  arrears  then  outstanding. 

Bonds  for  state  taxes. 

§  1 86.  For  the  purpose  of  enabling  The  City  of  New  York 
to  make  payment  of  the  quota  of  state  taxes  which  may  be  im- 
posed upon,  and  chargeable  to  the  said  city  and  the  counties 
wholly  comprised  therein,  at  the  same  time  or  times 
that  other  counties  of  this  state  are  or  may  be  re- 
quired to  make  payment  by  law,  the  comptroller  is 
hereby  authorized  and  required,  unless  the  money 
for  the  payment  of  the  same  shall  have  been  otherwise 
provided,  to  issue  revenue  bonds  for  such  amounts  as  may  from 
time  to  time  become  necessary  to  meet  such  quota  of  the  state 
taxes,  and  from  the  proceeds  thereof  to  pay  to  the  state  treasurer 
the  amount  of  taxes  which  the  comptroller  of  the  state  shall  have 
apportioned  according  to  law,  and  which  may  be  required  to  be 
paid  in  pursuance  of  such  apportionment  to  the  state  by  The 
City  of  New  York  and  said  counties  at  such  times.  ' 

Revenue  bonds  of  city;  special  funds. 

§  187.  The  comptroller  is  authorized  to  borrow,  from  time 
to  time,  on  the  credit  of  the  corporation,  in  anticipation  of  its 
revenues,  and  not  to  exceed  in  amount  the  amount  of  such 
revenues,  such  sums  as  may  be  necessary  to  meet  expenditures 
under  the  appi-opriations  for  each  current  year,  including  such 
amounts  as  are  to  be  raised  by  The  City  of  New  York 
for  county  purposes.  Such  amounts  shall  be  obtained 
by  the  issue  of  revenue  bonds,  which  shall  be  re- 
deemed out  of  the  proceeds  of  the  tax  levy  in  anticipation  of 
the  collection  of  which  such  bonds  were  issued.  Whenever 
the  comptroller  may  be  authorized  by  the  provisions  of  this 
act,  or  by  laws  heretofore  or  hereafter  enacted,  to  issue  reve- 
nue bonds  for  purposes  other  than  to  meet  expenditures 
under  the  appropriations  for  each  current  year,  such  revenue 
bonds  shall  be  redeemed  out  of  the  tax  levy  for  the 
year  next  succeeding  the  year  of  their  issue,  and  the 
necessary  appropriation  therefor  shall  be  made  by  the 
board  of  aldermen  and  the  board  of  estimate  and  apportion- 
ment in  the  budget  for  such  year.   Such  last  mentioned  bonds 


CHARTER  OF  NEW  YORK  CITY. 


73 


may  be  designated  and  known  as  ''Special  revenue  bonds."" 
Cash  balances  of  special  funds  in  the  treasuries  or  to  the  credit 
of  the  several  municipal  or  public  corporations  or  parts 
thereof,  including  the  counties  of  Kings,  Queens  and  Rich- 
mond, hereby  consolidated  with  the  mayor,  aldermen  and 
commonalty  of  The  City  of  New  York  shall  be  transferred  by 
the  comptroller  to  like  special  funds  of  The  City  of  New 
Y'ork,  where  such  exist;  and  such  special  funds  shall  there- 
upon be  liable  for  payments  which  would  otherwise  have 
been  made  out  of  the  funds  so  transferred.  Where  no  similar 
funds  exist  in  the  treasury  or  to  the  credit  of  The  City  of  New 
York,  such  special  fund  shall  be,  so  far  as  practicable,  admin- 
istered in  the  same  manner  as  they  would  have  been  admin- 
istered if  this  act  had  not  been  passed.  Whenever  it  shall 
appear  that  the  charges  and  liabilities  of  any  such  special 
fund  exceed  the  available  assets  thereof,  it  shall  be  lawful  for 
the  board  of  estimate  and  apportionment,  upon  the  written 
request  of  the  comptroller,  to  authorize  the  issue  of  revenue 
bonds  or  assessment  bonds  or  corporate  stock  of  The  City  of 
New  York,  for  the  purpose  of  supplying  such  deficiency. 

Special  revenue  bonds. 

§  1 88.  The  comptroller  is  authorized  to  issue  special  rev- 
enue bonds  to  provide  the  means  necessary  to  make  payments 
for  the  following  purposes : 

1.  The  expenses  necessarily  incurred  in  condemning  unsafe 
buildings  as  provided  by  section  five  hundred  and  eleven  of 
chapter  four  hundred  and  ten  of  the  laws  of  eighteen  hundred 
and  eighty-two. 

2.  Amounts  audited  by  the  board  of  estimate  and  apportion- 
ment pursuant  to  section  two  hundred  and  thirty-one  of  this  act. 

3.  Such  amounts  as  may  be  necessary  to  pay  judgments 
recovered  against  the  corporation;  provided,  however,  that 
when  such  judgments  shall  have  been  recovered  for  county 
charges  or  liabilities  of  any  of  the  counties  included  within 
the  territorial  limits  of  The  City  of  New  York,  separate 
accounts  shall  be  kept  thereof.  The  corporation  counsel 
shall,  in  all  such  cases,  advise  the  comptroller  as  to  the 
amount  of  such  county  liability  and  the  county  incurring 
the  same,  and  it  shall,  thereupon,  be  the  duty  of  the 
comptroller  in  making  the  certificate  to  the  board  of 
aldermen,  required  by  section  nine  hundred  and  two  of 
this  act  in  respect  to  county  charges,  to  include  in  the 
amounts  chargeable  against  each  of  such  counties  the 


74 


LAWS  OF  NEW  YORK. 


amounts  of  such  judgments  respectively  paid  on  account 
thereof  during  the  preceding  calendar  year.  It  shall  also  be 
the  duty  of  the  comptroller  in  estimating  the  revenues  of  the 
general  fund  for  the  reduction  of  taxation  as  required  by 
section  nine  hundred  of  this  act,  to  include  the  amounts 
which  shall  be  respectively  chargeable  against  each  of  such 
counties. 

4.  The  amount  appropriated  in  pursuance  of  section  two  hun- 
dred and  thirty-six  of  this  act  in  those  cases  in  which  the  appro- 
priations are  made  after  the  final  passage  of  the  annual  appro- 
priation and  the  certification  to  the  board  of  aldermen  of  the 
amount  to  be  raised. 

5.  The  amount  necessary  to  defray  the  expense  of  supplying 
water  meters  as  authorized  by  section  four  hundred  and  seventy- 
five  of  this  act. 

6.  To  provide  for  deficiencies  in  the  fund  for  street  and 
park  openings  as  provided  in  section  one  hundred  and  seventy- 
four  of  this  act. 

7.  To  provide  for  the  payment  of  claims,  charges,  expenses 
and  appropriations  which  have  been  or  may  be  lawfully  pay- 
able by  The  City  of  New  York,  as  hereby  constituted,  and  th  i 
several  counties  wholly  included  within  its  limits,  and  for 
which  no  other  provision  for  payment  has  been  made.  Sepa- 
rate accounts  shall  be  kept  of  the  bonds  issued  and  payments 
made  on  account  of  county  charges  and  expenses,  and  the 
comptroller  shall  similarly  certify  the  amounts  thereof  to  be 
raised  by  tax  in  the  respective  counties  and  to  be  included  in 
the  general  fund  for  the  reduction  of  taxation  as  provided  by 
subdivision  three  of  this  section  in  the  case  of  judgments. 

8.  To  provide  for  the  payment  of  expenses  authorized  by 
the  concurrent  vote  of  all  the  members  of  the  board  of  estimate 
and  apportionment  upon  a  resolution  requesting  such  au- 
thorization, adopted  by  the  affirmative  vote  of  three-fourths 
of  all  the  members  of  the  board  of  aldermen;  provided,  how- 
ever, that  the  amount  thus  issued  shall  not  in  any  one  year 
exceed  one  million  dollars. 

9.  To  meet  and  pay  the  expenses  incurred  pursuant  to  the 
provisions  of  sections  eleven  hundred  and  seventy-seven  and 
eleven  hundred  and  seventy-eight  of  this  act. 


CHARTEli  OF  NEW  YORK  CITY. 


75 


TITLE  3. 

TJie  Chamberlain, 

How  appointed;  bond. 

§  194.  The  chamberlain  shall  be  appointed  in  the  same 
manner  as  heads  of  departments.  He  shall,  within 
ten  days  after  receiving  notice  of  his  appointment  and 
before  he  enters  upon  his  office,  give  a  bond  to  the 
people  of  the  state  of  New  York  in  the  sum  of  three  hun- 
dred thousand  dollars,  with  not  less  than  four  sufficient  sure- 
ties to  be  approved  by  the  comptroller,  conditioned  that  he 
will  faithfully  discharge  the  duties  of  his  office  and  all  trusts 
imposed  on  him  by  law  in  virtue  of  his  office.  Such  bond 
shall  be  deemed  to  extend  to  the  faithful  execution  of  the 
duties  of  the  office  until  a  new  appointment  shall  be  made 
and  confirmed,  and  the  person  so  appointed  enters  upon  the 
performance  of  his  duties.  In  case  of  any  official  miscon- 
duct or  default  on  the  part  of  such  chamberlain,  or  his  sub- 
ordinates, an  action  upon  such  bond  may  be  begun  and  pros- 
ecuted to  judgment  by  the  attorney-general,  or  by  the  city, 
which  shall,  after  first  paying  therefrom  the  expenses  of  the 
litigation,  cause  the  proceeds  of  such  judgment  to  be  distrib- 
uted as  shall  be  lawful  and  equitable  among  the  persons  and 
objects  injured  or  defrauded  by  such  official  misconduct  or 
default  of  said  chamberlain,  or  any  of  his  subordinates. 

Duties:  accounts  of  to  be  examined  by  commissioners  of  accounts. 

§  195.  Said  chamberlain  shall  exhibit  to  the  board  of 
aldermen,  at  its  first  meeting  in  the  month  succeeding 
that  in  which  he  enters  upon  the  execution  of  his 
office,  an  exact  statement  of  the  balance  in  the 
treasury  to  the  credit  of  the  city,  with  a  summary  of  the 
receipts  and  payments  of  the  treasury  during  the  preceding 
year,  and  since  the  last  preceding  report  required  by  law, 
if  more  than  a  year  shall  have  elapsed  since  such  report. 
He  shall  receive  all  moneys  which  shall  from  time  to  time 
be  paid  into  the  treasury  of  the  city.  He  shall  deposit 
all  moneys  which  shall  come  into  his  hands  on  account 
of  the  city  on  the  day  of  the  receipt  thereof,  or  on  the  business 
day  next  succeeding,  in  such  banks  and  trust  companies  as  shall 
have  been  designated  as  deposit  banks  in  pursuance  of  the  next 
section;  but  no  amount  shall  be  on  deposit  at  any  one  time  in 
any  one  bank  or  trust  company  exceeding  one-half  of  the 
amount  of  the  capital  and  net-  surplus  of  such  bank  or  trust 


76 


LAWS  OF  NEW  YORK. 


company.  The  money  so  deposited  shall  be  placed  to  the 
account  of  the  chamberlain,  and  he  shall  keep  a  bank  book,  in 
which  shall  be  entered  his  accounts  of  deposit  in,  and  moneys 
drawn  from  the  banks  and  trust  companies  in  which  the 
deposits  shall  be  made.  The  said  banks  and  trust  companies 
shall,  respectively,  transmit  to  the  comptroller  a  weekly  state- 
ment of  the  moneys  which  shall  be  received  and  paid  by  them 
on  account  of  the  city  treasury.  The  chamberlain  shall  pay 
all  warrants  drawn  on  the  treasury  by  the  comptroller  and 
countersigned  by  the  mayor,  or  the  chief  clerk  of  the  mayor 
when  empowered  by  the  mayor  in  writing  so  to  do,  and  no 
moneys  shall  be  paid  out  of  the  treasury  except  on  the  warrant 
of  the  comptroller  so  countersigned.  No  such  warrant  shall 
be  signed  by  the  comptroller  or  countersigned  by  the  mayor, 
except  upon  vouchers  for  the  expenditure  of  the  amount  named 
therein,  examined  and  allowed  by  an  auditor  of  accounts, 
approved  by  the  comptroller  and  filed  in  the  department  of 
finance,  except  in  the  case  of  judgments,  in  which  case  a  tran- 
script thereof  shall  be  filed,  nor  except  such  warrant  shall  be 
authorized  by  law  or  by  ordinance,  and  shall  refer  to  the  law 
or  ordinance,  and  to  the  appropriation  under  and  from  which 
it  is  drawn.  The  chamberlain  shall  not  draw  any  moneys  of 
the  city  treasury  from  said  banks  or  trust  companies  unless 
by  checks  subjoined  and  attached  to  such  warrants  and  sub- 
scribed by  him  as  chamberlain,  and  no  moneys  shall  be  paid 
by  either  of  the  said  banks  or  ti-ust  companies  on  account  of 
the  treasury  except  upon  such  checks ;  provided,  however,  thai 
this  provision  shall  not  apply  to  transfer  checks  transferring 
funds  from  one  city  depository  to  another.  The  chamberlain 
shall  exhibit  his  bank  book  to  the  comptroller  on  the  first  Tues- 
day of  every  month,  and  oftener  when  required.  The  accounts 
of  the  cliamberlain  shall  be  annually  closed  on  the  last  day  of 
December  and  shall  be  examined  in  the  month  of  January 
in  each  year  by  the  commissioners  of  accounts.  Such  com- 
missioners shall  examine  the  accounts  and  vouchers  of  all 
moneys  received  into  and  paid  out  of  the  city  treasury  during 
the  3^ear  ending  on  the  last  day  of  December  next  preceding 
such  examination,  and  shall  certify  and  report  to  the  mayor 
and  board  of  aldermen  in  the  following  month  of 
February  the  amount  of  moneys  received  into  the  treasury 
during  such  year,  the  amount  of  moneys  paid  out  during 
the  same  period  by  virtue  of  warrants  drawn  on  the 
treasury  by  the  comptroller,  the  amount  -of  moneys  received 
by  the  chamberlain  who  shall  be  in  office  at  the  time  of 


CHARTER  OF  NEW  YORK  CITY.  77 


such  examination,  if  he  entered  upon  the  execution  of  his 
duties  since  the  last  preceding  report,  the  balance  in  the 
treasury  on  the  last  day  of  December  preceding  such 
examination,  the  amount  of  moneys  borrowed  for  or  on 
the  credit  of  the  city  during  such  year  and  the  amount  of  the 
bonds  of  the  city  issued  during  such  year,  with  the  purposes 
for  which  and  the  authority  under  which  such  bonds  were 
issued.  Such  commissioners  shall  also  compare  the  warrants 
drawn  by  the  comptroller  on  the  treasury  during  the  year  end- 
ing on  the  last  day  of  December  preceding  such  exam- 
ination, with  the  several  laws  and  ordinances  under  which 
the  same  shall  purport  to  have  been  drawn,  and  shall  in  like 
manner  certify  and  report  whether  the  comptroller  had  power 
to  draw  such  warrants;  and  if  any  shall  be  found  which,  in 
their  opinion,  he  had  no  power  to  draw,  they  shall  specify  the 
same  in  their  report,  with  their  reasons  for  such  opinion. 

Public  moneys;  where  to  be  deposited;  salary  of  chamberlain. 

§  196.  The  said  chamberlain  and  mayor  and  comptroller 
shall,  by  a  majority  vote,  by  written  notice  to  the  comptroller, 
designate  the  banks  or  trust  companies  in  which  all  moneys  of 
The  City  of  New  York  shall  be  deposited,  and  may,  by  like 
notice  in  writing,  from  time  to  time  change  the  banks  and  trust 
companies  thus  designated ;  but  no  such  bank  or  trust  company 
shall  be  designated  unless  its  officers  shall  agree  to  pay  into 
the  city  treasury  interest  on  the  daily  balances  at  a  rate  to  be 
fixed  by  the  mayor  and  chamberlain  and  the  said  comptroller 
of  The  City  of  New  York,  by  a  majority  vote,  which  rate  shall 
be  so  fixed  quarterly,  on  the  first  days  of  February,  May, 
August  and  November  in  each  year,  according  to  the  current 
rate  of  interest  upon  like  balances  deposited  in  banks  and  trust 
companies  in  The  City  of  New  York  by  private  persons  and 
corporations.  The  said  chamberlain  shall  keep  books  showing 
the  receipts  of  moneys  from  all  sources,  and  designating  the 
sources  of  the  same,  and  also  showing  the  amounts  paid  from 
time  to  time  on  account  of  the  several  appropriations,  and  no 
warrants  shall  be  paid  on  account  of  any  appropriation  after 
the  amount  authorized  to  be  raised  for  that  specific  purpose 
shall  have  been  expended.  The  said  chamberlain  shall  once  in 
each  week  report  in  writing  to  the  mayor  and  to  the  comptroller 
all  moneys  received  by  him,  the  amount  of  all  warrants  paid 
by  him  since  his  last  report,  and  the  amount  remaining  to  the 
credit  of  the  city.  The  chamberlain  shall  receive  the  sum  of 
twelve  thousand  dollars  annually,  and  no  more,  for  his  services 


78 


LAWS  OF  NEW  YORK. 


as  chamberlain  of  said  city,  and  as  county  treasurer  of  the 
county  of  New  York,  in  Heu  of  all  salary  and  of  all  interest, 
fees,  commissions  and  emoluments;  and  all  such  interest,  fees, 
commissions  and  emoluments  shall  be  accounted  for  and  paid 
over  by  him  to  the  city  treasury,  except  that  the  commissions 
or  compensation  provided  by  law,  and  received  by  him  for 
receiving  and  paying  over  the  state  taxes,  and  all  interest  which 
accrue  on  deposits  shall  be  paid  by  him  to  the  commissioners 
of  the  sinking  fund.  He  may  appoint  and  remove  at  pleasure, 
deputy  chamberlains,  and  such  clerks  and  assistants  as  may  be 
necessary,  whose  salaries,  together  with  all  the  expenses  of  his 
office,  shall  be  paid  by  The  City  of  New  York  when  fixed  by 
the  board  of  aldermen  on  the  recommendation  of  the  board 
of  estimate  and  apportionment. 

Certain  sections  of  code  of  civil  procedure  respecting  moneys  paid 
into  court  applicable. 

§  197.  Each  provision  of  title  three  of  chapter  eight  of 
the  code  of  civil  procedure,  relating  to  a  county  treasurer, 
appHes  to  the  chamberlain,  with  respect  to  money  paid  into 
court,  in  an  action  triable  in  The  City  of  New  York,  as  hereby 
constituted,  or  with  respect  to  money,  or  a  bond,  mortgage, 
or  other  security,  or  public  stock,  representing  money  paid  into 
court,  except  where  special  provision,  with  respect  to  the  same, 
is  otherwise  made  by  law,  and  the  chamberlain  shall  perform 
all  the  duties  prescribed  by  said  provision  of  law  in  the  counties 
of  New  York,  Kings,  Queens  and  Richmond. 

Fees. 

§  198.  The  chamberlain  is  entitled,  for  the  services  specified 
in  this  section,  to  collect  for,  and  on  behalf  of  the  city  the 
following  fees :  For  receiving  money  paid  into  the  court,  one- 
half  of  one  per  centum  upon  the  sum  so  received.  For  paying 
out  the  same,  one-half  of  one  per  centum  upon  the  sum  so  paid 
out.  For  investing  money,  pursuant  to  the  direction  of  the 
court,  one-half  of  one  per  centum  upon  the  sum  invested,  not 
exceeding  two  hundred  dollars,  and  one-quarter  of  one  per 
centum  upon  the  excess  over  two  hundred  dollars.  For  receiv- 
ing the  interest  upon  an  investment,  and  paying  the  same  to 
the  person  entitled  thereto,  one-half  of  one  per  centum  upon 
the  interest  so  received  and  paid.  All  of  said  fees  when  col- 
lected by  said  chamberlain  shall  be  paid  by  him  into  the  city 
treasury,  as  provided  in  section  one  hundred  and  ninety-six  of 
this  act. 


CHARTER  OF  NEW  YORK  CITY. 


79 


TITLE  4. 

The  Sinking  Fund, 

Commissioners  of  the  sinking  fund;  how  constituted. 

§  204.  There  shall  be  a  board  of  commissioners  of  the  sink- 
ing fund  composed  of  the  mayor,  comptroller,  chamberlain, 
president  of  the  board  of  aldermen  and  chairman 
of  the  finance  committee  of  the  board  of  aldermen,  with  all 
the  powers  and  duties  now  assigned,  designated  and  reposed 
by  law  or  ordinance  in  the  commissioners  of  the  sinking  fund 
of  The  City  of  New  York,  as  heretofore  constituted,  of  the  city 
of  Brooklyn  and  of  Long  Island  City,  or  the  officers  entrusted 
with  similar  powers  and  duties  in  any  of  the  municipal  or 
public  corporations  or  parts  thereof,  including  the  counties  of 
Kings  and  Richmond,  hereby  consolidated  with  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New  York,  except  as 
otherwise  provided  by  this  act.  The  said  board  shall  admin- 
ister each  of  the  said  several  sinking  funds,  and  perform,  carry 
out  and  exercise  the  several  trusts,  powers,  obligations  and 
duties  relating  thereto,  in  the  same  manner  as  the  same  would 
have  been  administered,  performed,  carried  out  and  exercised 
if  this  act  had  not  been  passed,  except  as  otherwise  provided 
in  this  act.  The  assets  and  accounts  of  each  of  said  sinking 
funds  shall,  except  as  hereinafter  otherwise  provided,  be  kept 
separate  and  distinct,  and  the  same  shall  in  all  respects  be 
administered  as  independent  trusts,  subject  to  and  governed 
by  the  several  provisions  of  law  or  ordinance  heretofore  relat- 
ing thereto,  with  the  intent  and  purpose  of  preserving  inviolate 
the  rights  of  holders  of  bonds  and  stocks  heretofore  issued  by 
any  of  the  municipal  and  public  corporations  or  parts  thereof 
hereby  made  of  The  City  of  New  York,  including  the  counties 
of  Kings  and  Richmond. 

Powers. 

§  205.  The  said  board  shall,  except  as  in  this  act  other- 
wise specifically  provided,  have  power  to  sell  or  lease  for  the 
highest  marketable  price  or  rental  at  public  auction  or  by  sealed 
bids,  and  always  after  public  advertisement  for  a  period  of  at 
least  fifteen  days  in  the  City  Record,  and  after  appraisal  under 
the  direction  of  said  board  made  within  three  months  of  the 
date  of  sale,  any  city  property  except  parks,  wharves  and  piers 
and  land  under  water,  but  no  such  lease  shall  run  for  a  term 
longer  than  ten  years  nor  a  renewal  for  a  longer  period  than 


80 


LAWS  OiF  NEW  YORK. 


ten  years.  If  such  property  be  market  property  it  shall  be 
sold  only  pursuant  to  a  resolution  adopted  by  an  unanniious 
vote  of  the  commissioners  of  the  sinking  fund,  concurred  in 
by  the  board  of  aldermen.  The  commissioners  of  the 
sinking  fund  shall  have  power  to  assign  to  use  for  any 
public  purposes  any  city  property,  for  whatsoever  purpose 
originally  acquired,  which  may  be  found  by  the  depart- 
ment having  control  thereof  to  be  no  longer  required  for 
such  purpose.  The  proceeds  of  said  sale  or  leasing  shall 
on  receipt  thereof,  after  paying  necessary  charges,  be  im- 
mediately paid  to  the  credit  of  the  sinking  fund  for 
the  redemption  of  the  city  debt.  Said  commission- 
ers of  the  sinking  fund  shall  have  power,  by  unanim- 
ous vote,  to  settle  and  adjust  by  mutual  conveyances 
or  otherwise,  and  upon  such  terms  and  conditions  as  may 
seem  to  them  proper,  disputes  existing  between  the  city  and 
private  owners  of  property,  in  respect  to  boundary  lines,  and 
to  release  such  interests  of  the  city  in  real  estate  as  the 
corporation  counsel  shall  certify  in  writing  to  be  mere  clouds 
upon  titles  of  private  owners,  in  such  manner  and  upon  such 
terms  and  conditions  as  in  their  judgment  shall  seem  proper. 
The  provisions  of  existing  laws  or  ordinances  relative  to  the 
investment  of  moneys  and  assets  of  the  several  sinking  funds 
hereby  made  subject  to  the  control  of  the  commissioners  of 
the  sinking  fund,  as  hereby  constituted,  in  bonds,  stocks  or 
obligations  of  the  municipal  or  public  corporations  or  parts 
thereof  hereby  consolidated  into  The  City  of  New  York, 
including  the  counties  of  Kings  and  Richmond,  shall  here- 
after apply  to  investment  thereof  in  the  bonds  and  stock  of 
the  corporation  of  The  City  of  New  York,  issued  on  and 
after  January  first,  eighteen  hundred  and  ninety-eight,  pro- 
vided, however,  that  such  bonds  or  stocks  shall  not  there- 
upon or  thereafter  be  cancelled,  except  as  herein  otherwise 
specifically  provided,  but  the  same  shall  upon  their  matu- 
rity be  paid  off,  hquidated  or  discharged  in  the  same  manner 
as  they  would  be  if  held  by  private  creditors.  It  shall  be 
lawful  for  the  commissioners  of  the  sinking  fund  in 
their  discretion,  and  they  are  hereby  empowered  in  such 
discretion,  to  cancel  from  time  to  time,  but  not  before  maturity, 
bonds  and  stocks  of  any  of  the  municipal  and  public  corpora- 
tions or  parts  thereof  forming  part  of  the  corporation  of  The 
City  of  New  York,  as  hereby  constituted,  and  of  the  counties 
of  Kings  and  Richmond,  which  may  be  held  by  any  of  said 
sinking  funds  on  December  thirty-first,  eighteen  hundred  and 


OHAHTER  OF  NEW  YORK  CITY. 


81 


ninety-seven,  providing  said  bonds  and  stocks  are  by  law 
redeemable  from  the  sinking  funds  in  which  the  same 
are  held.    It  shall  also  be  lawful  for  the  commissioners 
of  the  sinking   fund  in  their  discretion,   and   they  are 
hereby  empowered  in  such  discretion,  to  cancel  from  time 
to  time,  but  not  before  maturity,  any  portion  of  the  indebted- 
ness of  The  City  of  New  York,  as  hereby  constituted,  incurred 
on  or  after  January  first,  eighteen  hundred  and  ninety-eight, 
which  may  be  held  by  them  in  the  ''sinking  fund  of  The 
City  of  New  York,'*  as  hereinafter  constituted,  and  which 
may  by  law  be  redeemable  from  said  sinking  fund  as  herein 
or  elsewhere  provided,  and  all  such  similar  indebtedness  in- 
curred to  provide  for  the  supply  of  water,  which  may  be  held 
by  them  and  redeemable  from  "the  water  sinking  fund  of  The 
City  of  New  York"  as  hereinafter  constituted.    The  funds 
to  be  known  as  the  ''sinking  fund  of  The  City  of  New 
York"  and  the  "water  sinking  fund  of  The  City  of  New 
York,"  as  hereinafter  constituted,  shall  be  administered  by  the 
commissioners  of  the  sinking  fund,  in  like  manner  as  provided 
by  the  ordinance  of  the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York,  approved  by  the  mayor,  February 
twenty-second,   eighteen  hundred   and   forty-four,   so  far 
as  the  same  may  be  applicable;  provided,  however,  that 
nothing  contained  in  said  ordinance  shall  affect  or  alter 
the  composition  of  the  board  of  commissioners  of  the  sinking 
fund,  as  by  this  act  constituted.    The  commissioners  of  the 
sinking  fund  may  by  resolution  assign  the  places  where  the 
several  municipal  courts  shall  be  held  within  their  respective 
districts  and  may  assign  such  place  in  said  city  as  may  to  it 
seem  most  conducive  to  the  public  convenience,  for  the  holding 
of  the  courts  of  general  and  special  sessions,  and,  upon  the 
application  of  the  board  of  city  magistrates,  may  designate 
additional  places  for  the  holding  of  magistrates'  or  police 
courts  and  jail  delivery  to  be  held  in  and  for  the  city;  notice 
of  any  change  of  the  places  of  holding  such  courts  shall,  before 
the  same  takes  effect,  be  published  in  the  City  Record  and  the 
corporation  newspapers,  for  a  period  of  not  less  than  two 
weeks.    Said  publication  shall  be  made  under  the  direction  of 
the  comptroller.    The  commissioners  of  the  sinking  fund  may 
by  resokition  designate  from  time  to  time  any  building  or 
buildings  within  the  city  to  be  the  common  jails  of  said  city 
or  of  any  of  the  counties  contained  within  its  territorial  limits 
for  all  the  purposes  for  which  common  jails  may  by  law  be 
used,  and  such  building  or  buildings  so  designated  shall  be  such 


82 


LAWS  OF  NEW  YORK. 


common  jails  until  changed  by  a  like  resolution  of  the  commis- 
sioners of  the  sinking  fund.  The  sinking  fund  commis- 
sioners of  The  City  of  New  York  shall  not  have  the  power 
in  any  event  to  compromise  or  release  any  existing  liability  or 
obligation  to  The  City  of  New  York  or  to  the  mayor,  aldermen 
and  commonalty  of  the  city  of  New  York,  or  to  any  of  the 
municipalities  or  parts  of  municipalities  consolidated  with  the 
former  city  of  New  York,  under  the  provisions  of  chapter  six 
hundred  and  forty-two  of  the  laws  of  eighteen  hundred  and 
eighty-six  or  under  chapter  four  hundred  and  thirty-four  of 
the  laws  of  eighteen  hundred  and  ninety-three;  but  such  lia- 
bilities and  obligations  shall  be  and  remain  inviolable. 

The  sinking  fund  of  The  City  of  New  York. 

§  206.  There  shall  be  created  a  fund  to  be  known  as  the 
''sinking  fund  of  The  City  of  New  York,"  which  shall  have  for 
its  purposes  the  liquidation  of  the  principal  of  the  debt  of  the 
corporation  of  The  City  of  New  York  incurred  on  or  after 
January  first,  eighteen  hundred  and  ninety-eight,  as  to  which 
no  provision  for  the  payment  thereof  otherwise  than  from  tax- 
ation is  made,  and  excepting  revenue  bonds  and  bonds  issued 
to  provide  for  the  supply  of  water.  For  the  redemption  of 
such  debt  out  of  said  sinking  fund  there  shall  be  annually 
included  in  the  budget  and  paid  into  the  sinking  fund  of  The 
City  of  New  York  herein  created,  an  amount  to  be  esti- 
mated and  certified  by  the  comptroller,  and  to  be  by  the 
board  of  aldermen  and  the  board  of  estimate  and 
apportionment  inserted  in  the  budget  for  each  year,  which 
with  the  accumulations  of  interest  thereon  shall  be  sufificient 
to  meet  and  discharge  such  bonds  or  stocks  by  the  time  the 
same  shall  be  payable ;  provided,  however,  that  there  shall 
be  deducted  from  said  amount,  the  amounts  annually  re- 
ceived from  the  operation  of  any  rapid  transit  railroad  or 
railroads  for  the  construction  of  which  bonds  shall  have 
been  issued  pursuant  to  the  provisions  of  the  rapid 
transit  act  applicable  to  The  City  of  New  York  or  any  munic- 
ipal corporation  or  territory  embraced  therein.  When- 
ever the  bonds  and  stocks  outstanding  on  December  thirty- 
first,  eighteen  hundred  and  ninety-seven,  and  being  charges 
or  liens  on  any  of  the  sinking  funds  hereby  made  subject  to 
the  control  of  the  commissioners  of  the  sinking  fund,  shall  in 
respect  to  any  such  sinking  fund  be  wholly  discharged,  liqui- 
dated or  canceled,  it  shall  thereupon  be  lawful  for  the  commis- 
sioners of  the  sinking  fund  to  cancel  such  bonds  of  the  corpora- 


CHARTER  OF  NEW  YORK  CITY. 


83 


tion  of  The  City  of  New  York  issued  on  or  after  January  first, 
eighteen  hundred  and  ninety-eight,  as  may  be  held  by  such  sink- 
ing fund,  and  the  revenues  of  such  sinking  fund  when  thus  re- 
heved  of  such  Hens  or  charges  shall  thereupon  and  thereafter  be 
paid  into  the  sinking  fund  of  The  City  of  New  York,  as  herein 
created.  Whenever  such  payments  shall  be  made,  the  comptroller 
in  making  the  certificate  to  the  board  of  estimate  and  appor- 
tionment by  this  section  required  shall  take  into  account  the 
amount  thereof,  and  deduct  the  same  from  the  estimated 
amount  to  be  included  in  each  year's  budget  as  herein  provided. 

Sinking  funds  for  redemption  purposes  to  be  continued. 

§  207.  The  fund  known  as  ''the  sinking  fund  of  The  City  of 
New  York  for  the  redemption  of  the  city  debt,"  and  the  fund 
known  as  the  sinking  fund  of  the  city  of  Brooklyn,"  and  the 
like  funds  of  each  and  every  of  the  municipal  or  public  corpo- 
rations or  parts  thereof  by  this  act  consoUdated  with  the 
corporation  known  as  '*  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York,"  including  the  counties  of 
Kings  and  Richmond,  shall  be  continued,  and  the  funds, 
moneys,  revenues  and  assets  heretofore  pledged  and  appro- 
priated to  each  of  said  funds  shall  continue  to  be  and  the 
same  are  hereby  pledged  and  appropriated  thereto  severally 
and  respectively  in  the  same  manner  as  though  this  act  had 
not  been  passed,  until  such  time  as  the  bonds,  stocks  and 
obligations  outstanding  on  December  thirty-first,  eighteen 
hundred  and  ninety-seven,  and  redeemable  therefrom,  shall 
have  been  respectively  canceled,  liquidated,  discharged  and 
redeemed.  Wherever,  by  existing  laws  or  ordinances,  the 
duty  is  imposed  upon  boards  or  officers  of  the  several  munici- 
pal or  public  corporations  or  parts  thereof  hereby  consoli- 
dated with  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  including  the  counties  of  Kings  and  Rich- 
mond, to  raise  by  taxation,  annually  or  otherwise,  amounts 
of  money  for  sinking  fund  purposes,  or  for  the  redemption 
of  or  payment  of  interest  on  bonded  indebtedness,  for  which 
The  City  of  New  York  as  hereby  constituted,  is  by  this 
act  made  liable,  it  shall  be  the  duty  of  the  proper  officers  of 
the  said  The  City  of  New  York  in  like  manner  to  raise  such 
amounts  by  taxation  upon  the  estates,  real  and  personal,  sub- 
ject to  taxation  in  said  city. 


84 


LAWS  OF  NEW  YORK. 


Sinking  funds  created  pursuant  to  constitutional  requirements;  water 
sinking  fund  of  The  City  of  New  York. 

§  208.  There  shall  be  created  a  fund  to  be  known  as  the 
"water  sinking  fund  of  The  City  of  New  York,"  which  shall 
have  for  its  purpose  the  liquidation  of  the  principal  of 
the  debt  incurred  by  The  City  of  New  York,  as  hereby 
constituted,  on  and  after  January  first,  eighteen  hundred 
and  ninety-eight,  for  the  supply  of  water.  The  funds  known 
as  the  "  sinking  fund  number  two  of  The  City  of  New  York," 
the  "  water  sinking  fund  of  the  city  of  Brooklyn,"  and 
the  sinking  funds  of  each  and^every  municipal  and  public  cor- 
poration or  part  thereof  hereby  made  part  of  the  corporation 
of  The  City  of  New  York,  including  the  counties  of  Kings  and 
Richmond,  created  pursuant  to  the  requirements  of  the  con- 
stitutional amendment  adopted  November  fourth,  eighteen  hun- 
dred and  eighty-four,  or  of  section  ten  of  article  eight 
of  the  constitution  of  the  state  of  New  York,  shall  be 
continued,  and  the  funds,  moneys,  revenues  and  assets 
heretofore  pledged  and  appropriated  to  each  of  said  funds 
shall,  except  as  herein  otherwise  specifically  provided,  con- 
tinue to  be  severally  and  respectively  so  pledged  and  appropri- 
ated. It  shall,  however,  be  the  duty  of  the  comptroller  of  The 
City  of  New  York,  as  soon  as  practicable  after  the  passage  of 
this  act,  to  cause  an  examination  to  be  made  as  to  the  condition 
of  said  funds,  and  if  it  appears  to  him,  and  he  shall  so  certify 
to  the  commissioners  of  the  sinking  fund,  that  said  funds  or 
any  of  them  have  been  managed,  invested  and  admin- 
istered in  the  manner  required  by  the  provisions  of  the  consti- 
tution of  the  state  of  New  York  as  aforesaid,  it  shall  be  lawful 
for  the  said  commissioners  of  the  sinking  fund,  by  concurrent 
vote,  to  authorize  and  direct  the  amalgamation  of  said  fund 
or  funds  with  the  water  sinking  fund  of  The  City  of  New  York, 
as  hereby  constituted. 

Sinking  funds  for  the  payment  of  interest. 

§  209.  The  fund  known  as  the  ''sinking  fund  of  The  City  of 
New  York  for  the  payment  of  the  interest  accruing  and  to 
accrue  upon  the  stocks  of  said  city  until  the  same  be  fully  and 
finally  redeemed,"  shall  be  continued,  and  after  providing  for 
the  interest  on  the  bonds  and  stocks  now  payable  therefrom 
as  provided  by  law,  shall  form  a  fund  which  shall  be  transferred 
to  the  "sinking  fund  of  The  City  of  New  York  for  the  redemp- 
tion of  the  city  debt   ;  provided,  however,  that  nothing  herein 


CHARTER  OF  NEW  YORK  CITY. 


85 


contained  shall  authorize  the  payment  from  said  fund  of  any 
interest  which  may  accrue  on  bonds  to  be  issued  by  the  corpo- 
ration of  The  City  of  New  York,  as  hereby  constituted,  after 
January  first,  eighteen  hundred  and  ninety-eight.  Like  funds 
in  any  of  the  municipal  or  public  corporations  or  parts  thereof 
which  by  this  act  are  made  part  of  the  corporation  of  The 
City  of  New  York,  as  hereby  constituted,  including  the  coun- 
ties of  Kings  and  Richmond,  shall  likewise  be  continued,  and 
any  surplus  that  may  remain  therein  after  fully  satisfying  all 
claims,  liens  or  charges  that  may  exist  against  such  funds  pur- 
suant to  law  or  ordinance  shall,  unless  otherwise  provided  by 
law,  be  transferred  to  the  "  sinking  fund  of  The  City  of  New 
York,"  as  herein  constituted. 

Disposition  of  certain  moneys  received  for  local  improvements. 

§  210.  All  moneys  now  in  the  treasury  of  the  corporation 
known  as  the  mayor,  aldermen  and  commonalty  of  the  city  of 
New  York  heretofore  collected  and  received  in  payment  or  on 
account  of  assessments  made  and  confirmed  for  local  improve- 
ments in  said  city,  and  all  moneys  which  shall  hereafter  be 
collected  and  received  in  payment  or  on  account  of  assessments 
made  and  confirmed,  or  which  may  be  made  and  confirmed, 
for  local  improvements  in  said  city  completed  prior  to  June 
third,  eighteen  hundred  and  seventy-eight,  shall  be  paid  into 
the  sinking  fund  for  the  redemption  of  the  city  debt,  and  the 
same  is  hereby,  in  addition  to  the  revenues  and  moneys  afore- 
said, pledged  and  appropriated  to  said  sinking  fund  for  the 
payment  of  the  bonds  and  stocks  of  said  city,  to  be  paid  and 
redeemed  therefrom  as  herein  provided. 

Funds  and  revenues  pledged  to  redemption  of  city  debt. 

§211.  Between  the  city  and  its  creditors,  holders  of  its 
bonds  and  stocks  as  aforesaid,  including  the  bonds  and  stocks 
of  the  municipal  or  public  corporations  or  parts  thereof  con- 
solidated with  the  corporation  known  as  the  mayor,  aldermen 
and  commonalty  of  the  city  of  New  York,  as  well  as  those  of 
the  latter  corporation  and  of  the  counties  of  Kings  and  Rich- 
mond, there  shall  be  and  there  is  hereby  declared  to  be  a  con- 
tract that  the  funds  and  revenues  of  the  city,  including  all  the 
corporations  last  stated  and  said  counties  of  Kings  and  Rich- 
mond, and  the  funds  to  be  collected  from  assessments  pursuant 
to  any  law  by  this  chapter  pledged  to  the  sinking  fund  for  the 
redemption  of  the  city  debt,  shall  be  accumulated  and  applied 


86 


LAWS  OF  NEW  YORK. 


only  to  the  purposes  of  the  said  several  sinking  funds  as  pre- 
scribed by  law,  until  all  of  said  debt  redeemable  therefrom  is 
fully  redeemed  and  paid  as  herein  provided. 

Sinking  fund  for  the  redemption  of  the  city  debt  not  to  be  alienated 
or  impaired. 

§  212.  Nothing  in  this  chapter  contained  shall  be  held  to 
require  or  authorize  the  commissioners  of  the  sinking  fund  to 
use  or  apply  any  part  or  portion  of  the  accumulations  in  said 
sinking  fund  for  the  redemption  of  the  city  debt  or  the  rev- 
enues of  said  fund  in  any  manner  whatever,  whereby  the 
security  of  said  fund  for  the  payment  of  the  bonds  and  stocks 
of  the  corporation  known  as  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York,  for  which  said  fund  is  now 
pledged  by  law,  and  which  are  a  charge  on  said  fund,  shall  be 
alienated  or  impaired,  and  the  said  bonds  and  stocks  so  secured 
by  law  are  hereby  declared  to  constitute  a  preferred  charge  on 
said  sinking  fund  until  the  same  are  fully  and  finally  paid  and 
redeemed. 

Commissioners  may  call  in  bonded  debt;  consolidated  stock  of  The 
City  of  New  York;  lien  of,  on  sinking  fund  for  the  redemption 
of  the  city  debt. 

§  213.  The  commissioners  of  the  sinking  fund  are  hereby 
authorized  and  empowered  to  call  in,  pay,  and  redeem  any  por- 
tion of  the  bonded  debt  constituting  a  charge  upon  the  treasury 
of  The  City  of  New  York,  as  constituted  by  this  act,  other  than 
revenue  bonds,  issued  in  anticipation  of  the  collection  of  taxes, 
when  they  may  deem  it  to  be  advantageous  for  the  inter- 
est of  the  city  so  to  do,  and  for  this  purpose  the  said 
commissioners  of  the  sinking  fund,  are  hereby  em- 
powered by  a  concurrent  vote,  and  subject  to  the  approval 
of  the  board  of  estimate  and  apportionment,  to  authorize  and 
direct  the  comptroller  to  issue  and  sell  or  exchange  therefor 
at  not  less  than  par,  corporate  stock  of  said  city,  in  the  manner 
herein  provided ;  and  upon  the  payment  and  redemption  of  any 
portion  of  said  bonded  debt,  the  certificates  thereof  shall  be 
canceled  by  said  commissioners  of  the  sinking  fund.  The 
"  consolidated  stock "  of  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York,  issued  pursuant  to 
the  provisions  of  section  one  hundred  and  seventy-six  of 
chapter  four  hundred  and  ten,  of  the  laws  of  eighteen 
hundred    and    eighty-two,  after    fully  providing  for  the 


CHAKTER  OF  NEW  YORK  CITY. 


87 


preferred  bonds  and  stocks  of  said  city,  as  in  the  preceding 
section  specified,  shall  form  a  charge  upon  the  said  "  sinking 
fund  for  the  redemption  of  the  city  debt,"  and  any  part  of  the 
bonded  debt  of  said  corporation  falling  due  and  not  exchanged 
for  or  redeemed  from  the  proceeds  of  said  consolidated  stock 
as  in  said  section  provided,  may  be  paid  from  said  sinking  fund 
for  the  redemption  of  the  said  city  debt,  provided  such  payment 
shall  not  in  any  way  impair  the  preferred  claims  thereon  as  in 
the  preceding  section  specified,  and  provided  also,  the  commis- 
sioners of  the  sinking  fund  shall  deem  it  to  be  for  the  best 
interests  of  the  city  that  such  payment  shall  be  so  made. 

Preferred  bonds  and  stocks  to  be  paid  from  the  sinking  fund  for  the 
redemption  of  the  city  debt. 

§  214.  From  the  said  sinking  fund  for  the  redemption  of 
the  city  debt  shall  be  paid  and  redeemed  all  preferred  bonds 
and  stocks  of  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York,  as  by  this  title  authorized. 

Disposition  of  certain  assessments  for  local  improvements. 

§  215.  The  assessments  made  for  local  improvements 
prior  to  the  ninth  day  of  June,  eighteen  hundred  and  eighty, 
by  the  corporation  known  as  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York,  including  assessments  for 
improvements  contracted  for  or  authorized  by  said  corpora- 
tion, prior  to  said  date,  shall,  when  collected,  be  paid  over  to 
the  commissioners  of  the  sinking  fund,  and  applied  by  them 
in  accordance  with  law. 

Alteration  of  rates  prohibited:  the  general  fund. 

§  216.  It  shall  not  be  lawful  for  The  Gity  of  New  York 
to  make  or  cause  to  be  made,  any  alteration  of  rates  or  charges 
affecting  any  item  or  source  of  the  revenues  of  any  of  the 
sinking  funds  of  said  city,  or  of  the  general  fund  which  may 
tend  to  a  diminution  of  the  receipts  from  such  source  of  rev- 
enue, or  either  of  them,  except  that  it  shall  be  lawful  for 
The  City  of  New  York  to  exempt  places  of  public  worship 
from  the  payment  of  any  fee  for  the  construction  of  vaults 
under  the  sidewalk  or  in  front  thereof,  and  all  the  revenues 
of  said  corporation  not  by  law  otherwise  specifically  appro- 
priated, shall,  when  received  into  the  city  treasury,  be  credited 
to  the  general  fund;  except  such  proceeds  of  policies  of  in- 
surance as  shall  be  authorized  by  the  board  of  estimate  and 


88 


LAWS  OF  NEW  YORK. 


apportionment  to  be  applied  to  repair,  replace  or  reconstruct 
any  public  property  injured  or  destroyed  and  covered  by  such 
.insurance. 

Applications  for  leases  for  public  purposes;  statement  by  comptroller. 

§  217.  All  applications  to  lease  any  real  estate  for  the 
purposes  of  The  City  of  New  York,  or  any  of  the  counties 
contained  within  its  territorial  hmits,  including  the  premises 
required  in  accordance  with  law,  for  armories  and  drill  rooms 
and  places  of  deposit  for  the  safe  keeping  of  arms,  uniforms, 
equipments,  accoutrements  and  camp  equipage  of  the  national 
guard,  must  be  presented  to  and  passed  upon  by  the  commis- 
sioners of  the  sinking  fund  of  said  city.  It  shall  be  the  duty 
of  the  comptroller,  after  due  inquiry  to  be  made  by  him,  to 
present  to  the  said  commissioners  a  statement,  in  writing,  of 
the  facts  relating  to  any  real  estate  proposed  to  be  leased,  the 
purposes  for  which  such  lease  is  required  by  the  city,  with  his 
opinion,  and  the  reasons  therefor,  as  to  the  fair  and  reasonable 
rent  of  said  premises.  The  said  commissioners  upon  such 
report,  and  upon  such  further  inquiry  as  they,  in  their  discre- 
tion, may  make,  may  auth<5rize  a  lease  of  such  premises  as 
shall  be  specified  in  their  resolution,  at  the  rent  therein  set 
forth,  for  a  period  not  exceeding  five  years,  except  that  a  lease 
for  an  entire  building  intended  to  provide  accommodations 
for  more  than  one  department  of  the  city,  may  be  made  for  a 
period  not  to  exceed  twenty-one  years ;  but  such  lease  shall  not 
be  authorized  except  at  a  fair  and  reasonable  rent,  and  unless 
the  commissioners  are  satisfied,  and  shall  so  express,  that  it 
would  be  for  the  interests  of  the  city  that  a  lease  of  the  prem- 
ises for  the  purposes  specified  should  be  made.  Without  the 
consent  of  the  said  commissioners,  the  premises  leased  shall 
not  be  used  during  the  period  of  the  lease  for  purposes  other 
than  specified  in  said  resolution.  If  the  city  shall,  prior  to  the 
making  of  the  lease,  have  entered  upon  the  possession  of  the 
property,  the  lease  may  be  made  to  commence  as  of  the  date 
when  the  occupation  commenced. 

Cession  of  certain  lands  to  federal  governn»;ent  to  improve  Harlem 
river. 

§  218.  The  commissioners  of  the  sinking  fund,  or  the 
board  of  aldermen,  are  authorized  to  cede,  grant  and  convey 
to  the  United  States,  upon  such  terms,  and  for  such  considera- 
tion as  may  be  agreed  upon  by  and  between  said  commission- 


CHARTER  OF  NEW  YORK  CITY. 


89 


ers  of  the  sinking  fund,  or  said  board  of  aldermen  and  the 
United  States,  all  the  estate,  right,  title  and  interest  of  The 
City  of  New  York  in  and  to  any  part  of  the  land  required  for 
the  channel  to  connect  the  waters  of  the  Harlem  river 
with  the  Hudson  river,  in  accordance  with  the  plans  for 
the  improvement  of  the  Harlem  river,  prepared  under  the 
direction  of  the  secretary  of  war.  Whenever  any  part  of 
said  land  shall  have  been  ceded  by  said  commissioners  of  the 
sinking  fund,  or  said  board  of  aldermen,  pursuant 
to  the  authority  hereby  given,  it  shall  be  the  duty 
of  said  commissioners  of  the  sinking  fund,  or  a  majority 
of  them,  to  give  a  certificate  under  their  hands,  that  the  same 
has  been  ceded,  pursuant  to  the  provisions  of  this  section ; 
and  upon  the  production  of  such  certificate,  and  upon  proof 
of  due  compliance,  on  the  part  of  the  United  States,  with  the 
terms  of  cession,  it  shall  be  the  duty  of  the  mayor  and  the 
city  clerk,  in  the  name  and  on  behalf  of  The  City  of  New 
York,  to  execute  a  proper  conveyance  of  such  lands  under 
their  hands  and  the  seal  of  said  city. 

Certain  duties  of  commissioners  relative  to  docks,  piers,  etc. 

§  219.  The  commissioners  of  the  sinking  fund  shall  per- 
form the  duties  and  possess  the  powers  with  reference  to 
docks,  piers  and  slips,  stated  in  chapter  sixteen  of  this  act. 

Sale  of  public  lands  at  auction. 

§  220.  The  commissioners  of  the  sinking  fund  are  author- 
ized, upon  the  application  of  the  board  of  education  duly 
authorized  and  certified,  to  sell  at  public  auction  at  such 
times  and  on  such  terms  as  they  may  deem  most  advanta- 
geous for  the  public  interest,  any  land  or  lands  and  the  build- 
ings thereon,  owned  by  The  City  of  New  York,  occupied  or 
reserved  for  school  purposes,  and  no  longer  required  there- 
for, provided,  however,  that  no  property  shall  be  disposed 
of  for  a  less  sum  than  the  same  may  be  appraised  by  the 
commissioners  of  the  sinking  fund,  or  a  majority  of  them,  at 
a  meeting  to  be  held  and  on  an  appraisement  made  within 
two  months  prior  to  the  date  of  the  sale;  and  at  least  thirty 
days'  notice  of  such  sale,  including  a  description  of  the  prop- 
erty to  be  sold,  shall  be  published  in  the  City  Record.  The 
money  received  in  payment  for  the  said  lands  and  buildings 
shall  be  paid  into  the  sinking  fund  for  the  redemption  of  the 
city  debt,  if  the  property  thus  sold  was  acquired  prior  to 


90 


LAWS  OF  NEW  YORK. 


January  first,  eighteen  hundred  and  ninety-eight,  and  if 
acquired  subsequent  thereto,  into  the  sinking  fund  of  The 
City  of  New  York. 

Sales  of  city's  interest  in  tax  sale  certificates  acquired  by  the  former 
city  of  Brooklyn,  etc. 

§  221.  The  commissioners  of  the  sinking  fund  are  author- 
ized, upon  the  written  apphcation  of  the  comptroller  .of  The 
City  of  New  York,  to  sell  at  public  auction  at  such  times  and 
on  such  terms  as  they  may  deem  most  advantageous  for  the 
public  interest,  but  after  due  appraisement,  all  the  city's  right, 
title  and  interest  in  certain  tax  sale  certificates  of  lands  and 
premises  purchased  by  the  former  city  of  Brooklyn  at  sales  for 
arrears  of  taxes  held  under  and  pursuant  to  an  act  entitled 
"  An  act  concerning  the  settlement  and  collection  of  arrearages 
of  unpaid  taxes,  assessments  and  water  rates  of  the  city  of 
Brooklyn,  and  imposing  and  levying  a  tax,  assessment  and  lien 
in  lieu  and  instead  of  such  arrearages  and  to  enforce  the  pay- 
ment thereof,"  passed  March  sixteenth,  eighteen  hundred 
and  eighty-three,  and  the  several  acts  amendatory  thereof. 
Notice  of  such  sale  shall  be  published  in  the  City  Record 
for  at  least  thirty  days  prior  to  the  date  of  sale,  and 
said  notice  shall  designate  the  number  of  the  certificate, 
the  ward  in  which  said  lands  are  situated,  the  block  and 
lot  number  by  which  the  same  are  designated  or  known  on  the 
assessment  m.ap  of  such  ward.  Upon  the  payment  of  the 
amount  bid  at  such  sale  the  commissioners  of  the  sinking  fund 
shall  authorize  the  comptroller  to  execute  an  assignment  of 
said  certificate,  but  no  assignment  of  any  certificate  given 
under  the  provisions  of  this  section  shall  become  operative  or 
have  any  efTect  until  the  same  shall  have  been  presented  by  the 
purchaser  or  his  representative  to  the  deputy  collector  of  assess- 
ments and  arrears  in  the  borough  of  Brooklyn,  and  a  memoran- 
dum thereof  entered  on  the  record  of  sales,  and  a  minute  of 
such  entry  indorsed  on  such  assignment,  and  every  such  assign- 
ment shall  have  priority  according  to  the  date  such  entry  and 
minute  are  made  and  indorsed.  The  proceeds  of  said  sale 
shall,  on  receipt  thereof,  after  paying  necessary  charges,  be 
immediately  paid  into  the  city  treasury  to  the  credit  of  the 
general  fund. 


CHARiTER  OF  NEW  YORK  CITY. 


91 


TITLE  5 

'Appropriations  and  the  Board  of  Estimate  and  Apportionment. 

How  constituted;  duties;  the  annual  budget. 

§  226.  The  mayor,  comptroller,  president  of  the  board 
of  aldermen,  and  the  presidents  of  the  boroughs  of 
Manhattan,  Brooklyn,  The  Bronx,  Queens  and  Rich- 
mond shall  constitute  the  board  of  esfimate  and  ap- 
portionment. Except  as  otherwise  specifically  provided, 
every  act  of  the  board  of  estimate  and  apportionment  shall  be 
by  resolution  adopted  by  a  majority  of  the  whole  number  of 
votes  authorized  by  this  section  to  be  cast  by  said  board.  The 
mayor,  comptroller  and  the  president  of  the  board  of  aldermen 
shall  each  be  entitled  to  cast  three  votes;  the  presidents  of  the 
boroughs  of  Manhattan  and  Brooklyn  shall  each  be  entitled  to 
cast  two  votes;  and  the  presidents  of  the  boroughs  of  The 
Bronx,  Queens  and  Richmond  shall  each  be  entitled  to  cast 
one  vote.  A  quorum  of  said  board  shall  consist  of  a  sufficient 
number  of  the  members  thereof  to  cast  nine  votes,  of  whom  at 
least  two  of  the  members  hereby  authorized  to  cast  three  votes 
each  shall  be  present.  No  resolution  or  amendment  of  any 
resolution  shall  be  passed  at  the  same  meeting  at  which  it  is 
originally  presented  unless  twelve  votes  shall  be  cast  for  its 
adoption.  The  first  meeting  of  said  board  in  every  year  shall 
be  called  by  notice  from  the  mayor,  personally  served  upon  the 
members  of  said  board.  Subsequent  meetings  shall  be  called 
as  the  said  board  shall  direct,  and  at  such  meetings  the  mayor 
shall  preside.  The  said  board  shall  annually,  between  the 
first  day  of  October  and  the  first  day  of  November  meet, 
and  make  a  budget  of  the  amounts  estimated  to  be 
required  to  pay  the  expenses  of  conducting  the  pub- 
lic business  of  The  City  of  New  York,  as  consti- 
tuted by"  this  act  and  of  the  counties  of  New  York,  Kings. 
Queens  and  Richmond  for  the  then  next  ensuing  year.  Such 
budget  shall  be  prepared  in  such  detail  as  to  the  titles  of  appro- 
priations, the  terms  and  conditions,  not  inconsistent  with  law, 
under  which  the  same  may  be  expended,  the  aggregate  sum 
and  the  items  thereof  allowed  to  each  department,  bureau, 
office,  board  or  commission,  as  the  said  board  of  estimate  and 
apportionment  shall  deem  advisable.  In  order  to  enable  said 
board  to  make  such  budget,  the  presidents  of  the  several  bor- 
oughs, the  heads  of  departments,  bureaus,  offices,  boards  and 
commissioners    shall,    not    later    than    September  tenth, 


92 


LAWS  OF  NEW  YORK. 


send  to  the  board  of  estimate  and  apportionment  an  estimate  in 
writing,  herein  called  a  departmental  estimate,  of  the  amount 
of  expenditure,  specifying  in  detail  the  objects  thereof,  required 
in  their  respective  departments,  bureaus,  offices,  boards,  and 
commissions,  including  a  statement  of  each  of  the  salaries  of 
their  officers,  clerks,  employes  and  subordinates.  Duplicates 
of  these  departmental  estimates  and  statements  shall  be  sent 
at  the  same  time  to  the  board  of  aldermen.  Be- 
fore finally  determining  upon  the  budget  the  board 
of  estimate  and  apportionment  shall  fix  such  sufficient  time  or 
times  as  may  be  necessary  to  allow  the  taxpayers  of  said  city 
to  be  heard  in  regard  thereto,  and  the  said  board  shall  attend 
at  the  time  or  times  so  appointed  for  such  hearing.  After 
such  budget  is  made  by  the  board  of  estimate  and  apportion- 
ment, it  shall  be  submitted  by  said  board  within  five  days  to 
the  board  of  aldermen,  whereupon  a  special  meeting  of  the 
board  of  aldermen  shall  be  called  by  the  mayor  to  con- 
sider such  budget,  and  the  same  shall  simultaneously  be  pub- 
lished in  the  City  Record.  The  consideration  of  such  budget 
by  the  board  of  aldermen  shall  continue  from  day  to  day  until 
final  action  is  taken  thereon,  but  such  consideration  shall  not 
continue  beyond  twenty  days,  and  in  the  event  of  said  board 
of  aldermen  taking  no  action  thereon  within  such  period  of 
time,  the  said  budget  shall  be  deemed  to  be  finally  adopted  as 
submitted  by  the  board  of  estimate  and  apportionment. 
The  board  of  aldermen  may  reduce  the  said  several 
amounts  fixed  by  the  board  of  estimate  and  appor- 
tionment, except  such  amounts  as  are  now  or  may  hereafter 
be  fixed  by  law,  and  except  such  amounts  as  may  be  inserted 
by  the  said  board  of  estimate  and  apportionment  for  the  pay- 
ment of  state  taxes  and  payment  of  interest  and  principal  of 
the  city  debt,  but  the  board  of  aldermen  may  not  increase  such 
amounts  nor  vary  the  terms  and  conditions  thereof,  nor  insert 
any  new  items.  Such  action  of  the  board  of  aldermen  on 
reducing  any  item  or  amount  fixed  by  the  board  of  estimate 
and  apportionment  shall  be  subject  to  the  veto  power  of 
the  mayor  as  elsewhere  provided  in  this  act,  and  unless 
such  veto  is  overridden  by  a  three-fourths  vote  of  the 
board  of  aldermen,  the  item  or  amount  as  fixed  by  the  board 
of  estimate  and  apportionment  shall  stand  as  part  of  the  bud- 
get. Prior  to  December  twenty-fifth  in  each  year  the  budget, 
as  finally  adopted  pursuant  to  the  provisions  of  this  section,  shall 
be  certified  by  the  mayor,  comptroller  and  city  clerk,whereupon 
the  said  several  sums  shall  be  and  become  appropriated  to  the 


CHAEiTER  OF  NEW  YORK  CITY. 


93 


several  purposes  therein  named.  On  or  before  December 
thirty-first  in  each  year  the  said  budget  shall  be  filed  in  the 
office  of  the  comptroller  and  published  in  the  City  Record. 

Payment  of  city's  obligations  to  be  provided  for, 

§  227.  It  shall  be  the  duty  of  the  board  of  estimate  and 
apportionment,  from  time  to  time,  to  provide  for  the  payment 
of  the  interest  and  principal  of  the  bonds  and  other  obligations 
of  the  city,  or  for  which  the  city  is  liable,  and  also  to  provide 
for  the  payment  to  the  commissioners  of  the  sinking  fund  of 
any  sums  directed  by  special  laws  to  be  paid  to  said  commis- 
sioners on  account  of  such  bonds  or  obligations  and  in  anticipa- 
tion of  their  maturity,  and  to  provide  for  the  raising  of  the 
money  therefor,  in  accordance  with  such  special  laws  and  the 
laws  under  which  such  bonds  and  obligations  were  issued  or 
created. 

Duties  when  accumulations  in  sinking  fund  are  insufficient. 

§  228.  Whenever  and  as  often  as  the  commissioners  of  the 
sinking  fund  shall  certify  to  the  board  of  estimate  and  appor- 
tionment that  the  accumulations  in  any  sinking  fund  will  not 
be  sufficient  to  meet  the  payment  of  any  bonds  or  stocks  falling 
due  in  the  next  following  calendar  year  redeemable  therefrom, 
it  shall  be  the  duty  of  the  said  board  of  estimate  and  appor- 
tionment, and  it  is  hereby  required  to  include  in  the  annual 
budget  for  such  year,  to  be  raised  by  tax  on  the  estates,  real 
and  personal,  in  the  city,  subject  to  taxation,  such  an  amount 
to  be  applied  to  the  payment  of  said  bonds  or  stocks  as  shall 
be  certified  by  said  commissioners,  and  the  amount  so  included 
in  said  estimate  shall  be  paid  into  said  sinking  fund  and  applied 
as  in  this  section  specified. 

Certain  city  bonds  and  stocks;  annual  provisions  to  meet  payment  of. 

§  229.  For  the  payment  of  all  bonds  and  stocks  of  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New  York 
issued  after  June  third,  eighteen  hundred  and  seventy-eight, 
and  for  the  payment  of  all  the  bonds  and  stocks  hereafter  issued 
by  The  City  of  New  Y'ork,  as  hereby  constituted,  and  for  which 
no  provision  for  the  payment  thereof,  otherwise  than  from 
taxation  is  made,  except  revenue  bonds  issued  in  anticipation 
of  the  collection  of  taxes  there  shall  annually  be  set  apart  or 
paid  over  to  the  commissioners  of  the  sinking  fund,  as  herein- 
after directed,  and  invested  by  them  in  the  manner  provided 


94 


LAWS  OF  NEW  YORK. 


by  law,  a  sum  sufficient,  with  the  accumulation  of  interest 
thereon  to  meet  and  discharge  the  amount  of  said  bonds  or 
stocks  by  the  time  the  same  shall  be  payable,  as  the  same  shall 
be  estimated  and  certified  by  the  comptroller.  The  said  annual 
sum  so  to  be  set  apart  or  paid  over  and  invested, 
except  so  far  as  it  relates  to  bonds  and  stocks  issued 
on  or  after  January  first,  eighteen  hundred  and  ninety- 
eight,  and  bonds  issued  to  provide  for  the  supply  of 
water,  shall,  until  other  provisions  therefor  may  be  hereafter 
made  by  law,  be  set  apart  out  of  the  surplus  income,  revenues 
and  accumulations  of  the  sinking  fund  for  the  redemption  of 
the  city  debt  as  now  established  by  law,  after  fully  providing 
for  the  payment  of  the  stocks  and  bonds  of  said  city  now  out- 
standing, and  which,  by  sections  two  hundred  and  twelve  and 
two  hundred  and  thirteen  of  this  act,  are  declared  to  be  and 
are  made  preferred  claims  upon  said  sinking  fund,  and  also 
for  the  payment  of  such  other  bonds  and  stocks  of  said  city 
as  by  said  section  two  hundred  and  thirteen  of  this  act  are 
authorized  to  be  paid  from  said  sinking  fund.  Wb.encver,  and 
as  often  as  the  commissioners  of  the  sinking  fund  shall  certify 
to  the  board  of  estimate  and  apportionment  that  the  said  sur- 
plus revenues  of  said  sinking  fund  will,  in  the  opinion  of  said 
commissioners,  be  less  than  the  amount  by  this  section  required 
to  be  set  apart  or  paid  over  to  said  commissioners  for  the  pur- 
poses aforesaid,  and  certifying  the  amount  of  such  deficiency, 
it  shall  be  the  duty  of  said  board  of  estimate  and  apportion- 
ment, and  the  board  of  aldermen  to  include  in  the  annual 
budget  for  the  year  next  ensuing  to  be  raised  by  tax  on  the 
estates,  real  and  personal,  in  said  city  subject  to  taxation,  the 
amount  of  the  deficiency  certified  as  aforesaid,  and  this 
amount  so  raised  by  tax  shall  be  paid  to  the  commissioners 
of  the  sinking  fund  on  the  first  day  of  November  of  the  year 
in  which  the  same  shall  be  levied. 

Items  to  be  included  in  annual  estimate. 

§  230.  The  board  of  estimate  and  apportionment  shall, 
in  addition  to  such  other  amounts  as  it  may  in  its  discretion 
provide  for  public  purpose?  in  The  City  of  New  York  and  the 
several  counties  wholly  contained  within  its  territorial  limits, 
annually  include  in  its  final  estimate  the  following  sums,  which 
shall  annually  be  raised  and  appropriated : 

First — A  sum  not  exceeding  eight  thousand  dollars  to 
be  paid  to  the  trustees  of  the  Seventh  regiment  armory  build- 
ing, as  an  equivalent  and  in  lieu  of  the  rental  of  an  armory  for 


CHARTER  OF  NEW  YORK  CITY.  95 


said  regiment,  to  be  applied  to  the  preservation,  maintenance  and 
improvement  of  said  armory  buildmg,  as  provided  in  chapter 
five  hundred  and  eighteen  of  the  laws  of  eighteen  hundred  and 
ninety-three,  said  sum  to  be  paid  in  the  month  of  January  in 
each  year. 

Second — The  amount  necessary  for  the  maintenance  of  the 
buildings,  instruments  and  equipments  of: 

1.  The  meteorological  and  astronomical  observatory. 

2.  The  American  Museum  of  Natural  History,  not  ex- 
ceeding one  hundred  and  thirty-five  thousand  dollars. 

3.  The  Metropolitan  Museum  of  Art,  not  exceeding 
ninety-five  thousand  dollars. 

4.  The  Brooklyn  Institute  of  Arts  and  Sciences,  not 
exceeding  ninety-five  thousand  dollars. 

Third — Such  sum,  not  exceeding  seventy-five  thousand 
dollars,  as  is  included  in  the  departmental  estimates  submitted 
to  it  by  the  department  of  public  charities,  to  be  applied  to 
the  relief  of  poor  adult  blind  persons. 

Fourth — Such  sum  as  is  necessary  to  pay  the  expenses 
of  the  registration  and  revision  of  registration  required  by 
law,  and  of  all  elections  held  in  said  city  during  the  year. 

Fifth — Such  sum  as  may  be  necessary  to  pay  the  compen- 
sation due  according  to  law  to  justices  of  the  supreme  court 
from  judicial  departments,  other  than  the  first  and  second 
judicial  districts,  who  hold  court  in  the  first  judicial  depart- 
ment, or  who  hold  court  within  the  second  judicial  depart- 
ment within  the  said  city  of  New  York  as  hereby  constituted. 

Sixth — Such  sum  as  may  be  necessary  to  pay  the  sal- 
aries of  county  officers  within  the  counties  of  New  York, 
Kings,  Queens  and  Richmond,  and  likewise  all  other  ex- 
penses within  said  counties  and  each  of  them  which  are 
county  as  distinguished  from  city  charges  and  expenses. 

Seventh — Such  sum  as  is  necessary  for  defraying 
the  expenses  incurred  in  carrying  out  the  provisions 
of  sections  ten  hundred  and  ninety-three,  ten  hundred  and 
ninety-four  and  ten  hundred  and  ninety-five  of  chapter  four 
hundred  and  ten  of  the  laws  of  eighteen  hundred  and  eighty- 
two. 

Eighth — Such  sum  as  may  be  necessary  to  provide  for  the 
compilation  and  publication  of  the  registry  of  voters. 

Ninth — The  sums  necessary,  in  the  discretion  of  said  board, 
to  make  the  following  described  payments,  namely: 

I.  To  the  American  Female  Guardian  society  for  the  main- 
tenance of  each  girl  under  the  age  of  fourteen  and  each  boy 


96 


LAWS  OF  NEW  YORK. 


under  the  age  of  ten  years,  committed  to  such  society  by  any 
magistrate  in  The  City  of  New  York,  the  sum  of  two  dollars  per 
week  for  each  and  every  week  until  such  child  is  discharged  or 
removed  from  the  institution  of  such  society.  And  also  the  sum 
of  twenty-five  thousand  dollars,  to  be  applied  to  the  support  of 
the  industrial  schools  and  other  charitable  work  of  the  said 
society. 

2.  To  the  New  York  Society  for  the  Prevention  of  Cruelty 
to  Children  the  sum  of  thirty  thousand  dollars  for  the  uses  and 
purposes  of  said  society. 

3.  To  the  New  York  Society  for  the  Relief  of  the  Ruptured 
and  Crippled,  the  sum  of  one  hundred  and  fifty  dollars  for  the 
support  of  every  crippled  child  received  and  retained  in  their 
hospital  for  one  year,  and  a  proportionate  sum  for  a  shorter 
period. 

4.  To  the  New  York  Infirmary  for  Women  and  Children, 
twenty-five  dollars  for  each  homeless  or  needy  mother  who  re- 
ceived care  and  attendance  in  lying-in  wards  of  the  New  York 
Infirmary  for  Women  and  Children,  for  such  care  and  obstetric 
attendance,  and  the  further  sum  of  eighteen  dollars  per  month, 
and  proportionr.tely  for  any  fraction  of  a  month,  for  each  mother 
thus  domiciled  and  attended  at  the  birth  of  her  child,  and  for 
each  homeless  and  needy  mother  with  a  nursing  infant  who 
resides  at  said  infirmary  iat  the  request  of  or  by  permission  of  its 
ofiicers,  and  wet  nurses  her  own  infant,  provided  such  residence 
shall  exceed  the  period  of  two  months,  but  the  said  monthly 
allowance  of  eighteen  dollars  shall  not  be  paid  for  a  longer 
period  than  one  year  for  any  mother  so  remaining  continuously. 
And  to  the  New  York  Medical  College  and  Hospital  for 
Women,  twenty-five  dollars  for  each  needy  mother  who 
has  received  care  and  obstetric  attendance  at  her  home  or  in  the 
lying-in  wards  of  the  said  hospital,  for  such  care  and  obstetric 
attendance,  and  the  further  sum  of  eighteen  dollars  per  month 
and  proportionately  for  each  fraction  of  a  month  for  each 
mother  attended  at  the  birth  of  her  child  and  domiciled  at  such 
hospital,  but  not  for  a  longer  period  than  one  year,  and  also  for 
each  homeless  or  needy  mother  with  a  nursing  infant  who  re- 
sides at  said  hospital  at  the  request  of  or  by  permission  of  its 
officers  and  wet  nurses  her  own  infant,  provided  such  residence 
shall  exceed  the  period  of  two  months.  But  such  sums  to  the 
New  York  Medical  College  and  Hospital  for  Women  shall  not 
exceed  eight  thousand  dollars  in  the  aggregate  in  any  one  year. 

5.  To  the  Children's  Fold  of  the  city  of  New  York,  the  sum 
of  two  dollars  per  week  for  each  and  every  orphan,  half  orphan 


OHABTEB  OF  NEW  YOKK  CITY. 


and  destitute  child  received  and  supported  by  said  institution,  the 
expense  of  whose  support  is  not  paid  by  private  parties. 

6.  To  the  New  York  Institution  for  the  BHnd,  fifty  dollars  for 
each  state  pupil  sent  to  and  received  in  said  institution  from  said 
city,  whose  parents  or  guardians  shall,  in  the  opinion  of  the 
superintendent  of  public  instruction,  be  unable  to  furnish  them 
with  suitable  clothing,  to  be  by  it  applied  to  furnishing  such 
pupils  with  suitable  clothing  while  in  said  institution. 

7.  To  the  Children's  Aid  Society,  the  sum  of  ten  thousand 
dollars  for  the  uses  and  purposes  of  said  society.  And  also  the 
sum  of  thirty  thousand  dollars  to  be  applied  to  the  care  and 
education  in  the  industrial  schools  of  said  city,  of  destitute  chil- 
dren not  attending  the  common  schools  in  The  City  of  New 
York.  And  also  the  sum  of  thirty  thousand  dollars  to  be  applied 
to  the  support  of  the  boys'  and  girls'  lodging  houses  of  the  said 
society.  To  St.  John's  Guild,  of  the  city  of  New  York,  the  sum 
of  thirty  thousand  dollars,  to  be  applied  to  the  maintenance 
and  operation  of  its  hospitals,  to  the  support  of  its  other  chari- 
table work  and  to  the  general  uses  and  purposes  of  said  society, 
and  to  the  Sanitarium  for  Hebrew  Children  in  the  city  of  New 
York,  the  sum  of  five  thousand  dollars  to  be  applied  to  the 
support  of  its  charitable  work. 

8.  To  the  Foundling  Asylum  of  the  Sisters  of  Charity  and  to 
the  Babies'  Hospital  of  the  city  of  New  York,  respectively,  at  the 
rate  of  thirty-eight  cents  per  day  for  each  and  every  foundling 
or  infant  received  and  maintained  by  them.  And  also  for  each 
and  every  homeless  and  needy  mother  with  a  nursing  infant, 
who  shall  reside  at  the  asylum,  or  at  said  hospital,  by  request  of 
its  officers,  and  nurses  her  own  infant,  the  sum  of  eighteen 
dollars  per  month.  To  the  babies'  wards  of  the  Post-Graduate 
Hospital  in  the  city  of  New  York,  at  the  rate  of  thirty-eight 
cents  per  day  for  each  and  every  infant  received  and  cared  for 
therein. 

9.  To  the  Nursery  and  Child's  Hospital,  the  sum  of  five 
dollars  per  week  for  every  destitute  woman  admitted  into  its 
lying-in  wards,  according  to  the  time  of  the  said  woman's  con- 
tinuing under  the  care  of  the  said  institution,  and  the  further 
sum  of  ten  dollars  per  month  for  each  and  every  child  born  in 
the  institution  or  supported  and  maintained  by  said  institution, 
whenever  it  may  be  necessary  or  expedient  to  place  said  child 
in  the  country,  or  for  want  of  room  in  the  institution  to  find 
accommodation  for  it  elsewhere ;  and  also  the  sum  of  ten  dollars 
per  month  for  all  children  received  and  retained  in  the  Nursery 
and  Child's  Hospital,  in  the  city  of  New  York,  and  in  like  pro- 


98 


LAWS  OF  NEW  YORK. 


portion  for  any  fraction  of  a  year  for  each  and  every  destitute 
child  which  may  be  supported  and  maintained  in  said  mstitution. 
To  the  New  York  Polychnic  Medical  School  and  Hospital,  for 
board,  nursing  and  medical  or  surgical  aid  and  attendance,  one 
dollar  per  day  for  each  needy  and  charity  patient  who  occupies 
a  bed  in  said  hospital  and  who  receives  such  care,  support  and 
maintenance;  such  payments  not  to  exceed  in  the  aggregate 
thirty  thousand  dollars  per  annum.  To  the  New  York  Homeo- 
pathic College  and  Hospital,  for  board,  nursing  and  medical  oi 
surgical  aid  and  attendance,  one  dollar  per  day  for  each  need} 
and  charity  patient  who  occupies  a  bed  in  the  Flower  Surgical 
Hospital,  belonging  to  said  New  York  Homeopathic  College  and 
Hospital,  and  who  receives  such  care,  support  and  maintenance ; 
such  payment  not  to  exceed  in  the  aggregate  twelve  thousand 
dollars  per  annum. 

10.  To  the  New  York  Infant  Asylum,  a  sum  of  money  at  the 
rate  of  thirty-eight  cents  per  day,  in  monthly  payments,  for 
each  and  every  child  received  and  maintained  by  said  asylum; 
a  further  sum  of  twenty-five  dollars  for  each  homeless  or  needy 
mother  who  receives  care  and  attendance  in  the  lying-in  wards 
of  the  asylum;  the  further  sum  of  eighteen  dollars  per  month, 
and  proportionately  for  any  fraction  of  a  month,  for  each  home- 
less or  needy  mother  who  is  domiciled  in  the  asylum  and 
attended  at  the  birth  of  her  child,  and  resides  at  the  asylum  by 
the  request  of  its  officers,  and  wet  nurses  her  own  infant;  and 
for  each  other  homeless  or  needy  mother  with  a  nursing  infant 
who  resides  at  the  asylum  by  the  request  of  its  officers  and  wet 
nurses  her  own  infant;  provided,  however,  that  in  each  case 
such  residence  must  exceed  the  period  of  two  months,  and  that 
said  monthly  allowance  shall  not  be  paid  for  a  longer  period 
than  for  one  year  for  any  mother  so  remaining. 

11.  To  the  Shepherd's  Fold  of  the  Protestant  Episcopal 
church  in  the  state  of  New  York,  the  sum  of  five  thousand 
dollars,  to  be  applied  to  the  purposes  and  objects  of  said  corpo- 
ration. 

12.  To  the  New  York  Catholic  Protectory,  yearly,  the  sxwv 
of  one  hundred  and  ten  dollars  per  capita,  on  the  average  number 
of  persons  annually  maintained  in  its  institutions ;  the  averasfe 
number  of  persons  thus  maintained  shall  be  ascertained  by  the 
examination  and  testimony,  under  oath,  of  the  president  ot 
secretary  of  said  society. 

13.  To  the  Hebrew  Benevolent  Society  of  the  city  of  New 
York,  one  hundred  and  ten  dollars  per  annum  and  proportion- 
ately for  any  fraction  of  a  year,  and  to  the  Hebrew  Sheltering 


OHAKriEB  OF  NEfW  YOKK  OITY. 


99 


Guardian  Society  of  New  York  one  hundred  and  foiir  dollars 
per  annum  and  proportionately  for  any  fraction  of  a  year  tor 
each  orphan,  half  orphan  and  indigent  child  committed  or  en- 
trusted to  its  care  in  pursuance  of  the  provisions  of  law. 

14.  To  the  New  York  Juvenile  Asylum,  one  hundred  and  ten 
dollars  per  annum,  and  proportionately  for  any  fraction  of  a 
year,  for  each  child,  which,  by  virtue  and  in  pursuance  of  the 
provisions  of  chapter  three  hundred  and  thirty-two  of  the  laws 
of  eighteen  hundred  and  fifty-one,  as  amended  by  laws  of 
eighteen  hundred  and  fifty-eight,  chapter  forty-three,  laws  of 
eighteen  hundred  and  sixty-three,  chapter  ninety- four,  and  laws 
of  eighteen  hundred  and  sixty-six,  chapter  two  hundred  and 
forty-five,  shall  be  entrusted  or  committed  to  the  said  asylum 
and  shall  be  supported  and  instructed  therein. 

15.  To  the  Roman  Catholic  House  of  the  Good  Shepherd, 
monthly  payments  at  the  rate  of  one  hundred  and  ten  dollars 
per  annum  for  each  female,  between  the  ages  of  fourteen  and 
twenty-one,  committed  to  it  by  any  magistrate  in  accordance 
with  chapter  four  hundred  and  nine  of  the  laws  of  eighteen 
hundred  and  sixty-seven. 

16.  To  the  Magdalen  Female  Benevolent  Asylum  and  Home 
for  Fallen  Women,  monthly  payments  at  the  rate  of  one  hundred 
and  ten  dollars  per  annum  for  each  female,  between  the  ages 
of  fourteen  and  twenty-one  years,  committed  to  it  by  any  magis- 
trate, in  accordance  with  said  last  mentioned  law. 

17.  To  the  Protestant  Episcopal  House  of  Mercy,  monthly 
payments  at  the  rate  of  one  hundred  and  ten  dollars  per  annum 
for  each  female  between  the  ages  of  fourteen  and  twenty-one 
years,  committed  to  it  by  any  magistrate  in  accordance  with  said 
last  mentioned  law. 

18.  To  the  Five  Points  House  of  Industry,  the  sum  of  fifty- 
two  dollars  per  year  for  each  and  every  orphan,  half  orphan 
and  destitute  child,  not  exceeding  two  hundred  children  in  any 
one  year,  received  and  supported  by  said  institution  for  each 
year,  the  expense  of  whose  support  is  not  paid  by  private  parties, 
and  in  the  same  proportion  for  the  part  of  a  year. 

19.  To  the  Association  for  Befriending  Children  and  Young 
Girls,  a  per  capita  allowance  of  one  dollar  a  week  for  each 
female  by  it  rescued,  supported,  instructed  and  trained  to  useful 
employment. 

20.  To  the  Peabody  Home  for  Aged  and  Indigent  Women, 
the  sum  of  one  hundred  and  fifty  dollars  per  annum  for  each  and 
every  woman  therein  over  sixty-five  years  of  age  received  and 
supported  by  said  institution,  not  exceeding,  however,  the  sum 


100 


LAWS  OP  NEW  YORK. 


of  live  thousand  dollars  in  any  one  year,  and  to  the  Sloan  Mater- 
inty  Hospital  in  the  city  of  Mew  iork,  the  sum  of  hve  dollars 
per  week  tor  every  destitute  woman  admitted  into  its  lyiiig-iu 
ward,  according  to  the  time  of  the  said  woman  continuing 
under  the  care  of  the  said  institution,  and  the  further  sum  oi 
ten  dollars  per  month  for  each  and  every  child  born  in  the  insti- 
tution or  supported  and  maintained  by  said  institution,  but 
such  sums  shall  not  exceed  eight  thousand  dollars  in  any  one 
year.  And  to  the  New  York  Female  Asylum  for  lymg-in  women, 
Lwenty-five  dollars  for  each  homeless  and  needy  mother  who 
iias  received  care  and  attention  in  the  lying-in  ward  of  the 
asylum,  for  such  care  and  obstetric  attendance,  but  such  sums 
shall  not  exceed  eight  thousand  dollars  in  any  one  year. 

21.  To  the  Mothers'  and  Babies'  Hospital,  fifteen  dollars  for 
each  homeless  and  needy  mother  who  has  received  care  and 
attention  in  the  lying-in  ward  of  the  hospital,  for  such  care  and 
obstetric  attendance,  not  to  exceed  three  hundred  patients  in  any 
one  year. 

22.  Such  other  sum  or  sums  as  are,  or  may  be  by  law  directed 
or  authorize'd  to  be  raised  and  paid  for  charitable  purposes  or 
to  private  or  incorporated  societies,  associations,  asylums, 
hospitals,  corporations,  institutions,  protectories,  home  or 
schools. 

23.  The  board  of  estimate  and  apportionment  are  hereby 
authorized  in  their  discretion  to  include  in  their  annual  state- 
ments and  estimates  the  following  specified  sums  of  money  for 
the  respective  purposes  herein  stated,  namely :  Four  thousand 
dollars  to  be  paid  to  the  Brooklyn  Hospital  (formerly  City 
Hospital)  ;  four  thousand  dollars  to  be  paid  to  the  Long  Island 
College  Hospital ;  four  thousand  dollars  to  be  paid  to  the  Brook- 
lyn Homeopathic  Hospital;  fifteen  hundred  dollars  to  be  paid 
to  the  Brooklyn  Central  Dispensary ;  fifteen  hundred  dollars  to 
be  paid  to  the  Brooklyn  City  Dispensary;  fifteen  hundred  dollars 
to  be  paid  to  the  Brooklyn  Eclectic  Dispensary ;  fifteen  hundred 
dollars  to  be  paid  to  the  Brooklyn  Homeopathic  Dispensary; 
five  thousand  dollars  to  be  paid  to  the  Brooklyn  Eastern  District 
Dispensary  and  Hospital  ( formerly  the  Williamsburgh  Dispen- 
sary) ;  fifteen  hundred  dollars  to  be  paid  to  the  Long  Island 
College  Dispensary;  fifteen  hundred  dollars  to  be  paid  to  the 
Gates  Avenue  Homeopathic^  Dispensary ;  four  thousand  dollars 
to  be  paid  to  the  Brooklyn  Nursery  and  Infants'  Hospital ;  fifteen 
luindred  dollars  to  be  paid  to  the  Brooklyn  Eastern  District 
Homeopathic  Dispensary  (formerly  the  Williamsburgh  Home- 
opathic Dispensary)  ;  twenty-five  hundred  dollars  to  be  paid  to 


OHARTEiR  OF  NEW  YORK  CITY. 


101 


the  Brooklyn  Maternity  ( formerly  Brooklyn  Lying-in  Asylum)  ; 
twenty-five  hundred  dollars  to  be  paid  to  the  Eye  and  Ear  Hos- 
pital of  the  city  of  Brooklyn;  one  thousand  dollars  to  be  paid 
to  the  Southern  Dispensary  and  Hospital;  fifteen  hundred  dollars 
to  be  paid  to  the  Orthopedic  Dispensary ;  four  thousand  dollars 
to  be  paid  to  the  Saint  Peter's  Hospital ;  fifteen  hundred  dollars  to 
be  paid  to  the  Saint  Peter's  Dispensary ;  two  thousand  dollars  to 
be  paid  to  the  Atlantic  avenue  Dispensary ;  one  thousand  dollars 
to  be  paid  to  the  Saint  Mary's  Dispensary ;  two  thousand  dollars 
to  be  paid  to  the  Brooklyn  Diet  Dispensary;  fifteen  hundred 
dollars  to  be  paid  to  the  Saint  Catherine's  Dispensary;  four 
thousand  dollars  to  be  paid  to  the  Saint  Catherine's  Hospital ; 
one  thousand  dollars  to  be  paid  to  the  Helping  Hand  Society 
of  Brooklyn;  one  thousand  dollars  to  be  paid  to  the  Sheltering 
Arms  Nursery  of  Brooklyn ;  four  thousand  dollars  to  be  paid  to 
the  Brooklyn  Home  for  Consumptives;  four  thousand  dollars 
to  be  paid  to  the  Memorial  Hospital  for  Women  and  Children ; 
four  thousand  dollars  to  be  paid  to  the  Saint  Mary's  General 
Hospital  of  the  city  of  Brooklyn;  fifteen  hundred  dollars  to  be 
paid  to  the  Central  Homeopathic  Dispensary;  fifteen  hundred 
dollars  to  be  paid  to  the  Memorial  Dispensary ;  fifteen  hundred 
dollars  to  be  paid  to  the  Bushwick  and  East  Brooklyn  Dis- 
pensary; fifteen  hundred  dollars  to  be  paid  to  the  Dispensary 
of  the  College  of  Physicians  and  Surgeons  of  Saint  Mary's 
Hospital  of  the  city  of  Brooklyn ;  four  thousand  dollars  to  be  paid 
to  the  Methodist  Episcopal  Hospital  of  the  city  of  Brooklyn; 
two  thousand  dollars  to  be  paid  to  the  Saint  Mary's  Female 
Hospital ;  fifteen  hundred  dollars  to  be  paid  to  the  Lutheran  Hos- 
pital Association  of  the  city  of  New  York  and  vicinity;  four 
thousand  dollars  to  be  paid  to  the  Brooklyn  Throat  Hospital ; 
two  thousand  dollars  to  be  paid  to  the  Bedford  Dispensary  and 
Hospital ;  four  thousand  dollars  to  be  paid  to  the  St.  Martha's 
Sanitarium  and  Dispensary ;  three  thousand  dollars  to  be  paid 
to  the  Central  Throat  Hospital  and  Polyclinic  Dispensary ;  three 
thousand  dollars  to  be  paid  to  the  Long  Island  Throat  Hospital 
and  Eye  Infirmary  (formerly  the  Long  Island  Throat  and  Lung 
Hospital  and  People's  Dispensary  Association)  ;  four  thousand 
dollars  to  be  paid  to  the  Norwegian  Lutheran  Deaconesses'  Home 
and  Hospital ;  two  thousand  and  five  hundred  dollars  to  be  paid 
to  the  Brooklyn  Home  for  Aged  Colored  People ;  three  thousand 
dollars  to  be  paid  to  the  St.  ^Mary's  Maternity  and  Infant's 
Home ;  two  thousand  dollars  to  be  paid  to  the  Memorial  Train- 
ing School  for  Nurses;  four  thousand  dollars  to  be  paid  to  the 
Church  Charity  Foundation  of  Long  Island  for  its  hospital; 


102 


LAWS  OF  NEW  YORK. 


twenty-five  hundred  dollars  to  be  paid  to  the  Home  of  St.  Giles 
the  Cripple ;  three  thousand  dollars  to  be  paid  to  the  Bushwick 
Hospital;  four  thousand  dollars  to  be  paid  to  tlie  Brooklyn 
Society  for  the  Prevention  of  Cruelty  to  Children ;  two  thousand 
dollars  to  be  paid  to  the  Brooklyn  Training  School  and  Home 
for  Young  Girls;  fifteen  hundred  dollars  to  be  paid  to  the  dis- 
pensary of  the  Methodist  Episcopal  Hospital ;  twenty-five  hun- 
dred dollars  to  be  paid  to  the  Low  Maternity ;  fifteen  hundred 
dollars  to  be  paid  to  the  Brooklyn  Hospital  dispensary ;  two 
thousand  dollars  to  be  paid  to  the  Society  for  the  Aid  of  Friend- 
less Women  and  Children;  two  thousand  dollars  to  be  paid  to 
the  Stone  Maternity  of  Brooklyn ;  fifteen  hundred  dollars  to  be 
paid  to  St.  Phebe's  mission;  fifteen  hundred  dollars  to  be  paid 
to  the  Orphan  Asylum  Society  of  the  city  of  Brooklyn;  two 
thousand  five  hundred  dollars  to  be  paid  to  the  Industrial  Home 
for  the  Blind;  fifteen  hundred  dollars  to  be  paid  to  the  Brook- 
lyn Industrial  School  Association  and  Home  for  Destitute 
Children;  fifteen  hundred  dollars  to  be  paid  to  the  Industrial 
Home  School  Association  of  Brooklyn,  eastern  district; 
twenty-five  hundred  dollars  to  be  paid  to  the  Maternity  of  the 
Long  Island  College  Hospital;  fifteen  hundred  dollars 
to  be  paid  to  the  Twenty-sixth  Ward  Homeopathic  Dispensary ; 
such  several  sums  of  money  to  be  paid  to  the  several  institutions 
in  consideration  of  their  contracting  to  render  and  rendering 
medical  and  surgical  aid  and  treatment  to  the  poor  of  the  county 
of  Kings  who  may  apply  to  them  therefor;  such  contract  to  be 
in  writing,  executed  on  behalf  of  the  city  by  the  mayor  and 
comptroller  and  also  by  the  executive  officers  of  said  associa- 
tions respectively,  and  to  be  approved  by  the  counsel  to  the 
corporation  of  the  city,  to  be  filed  annually  on  or  before  the 
thirty-first  day  of  May,  in  the  office  of  the  city  clerk. 

24.  Any  other  sum  or  sums  which  may  heretofore  have  been 
duly  authorized  by  law  to  be  paid  within  The  City  of 
New  York,  or  any  part  thereof,  as  constituted  by  this  act,  for  the 
education  and  support  of  the  blind,  the  deaf  and  dumb  and 
juvenile  delinquents,  and  for  the  care,  support,  maintenance  and 
secular  education  of  inmates  of  orphan  asylums,  protectories, 
homes  for  dependent  children  or  correctional  institutions,  or  to 
charitable,  eleemosynary,  correctional  and  reformatory  insti- 
tutions, wholly  or  partly  under  private  control  for  care,  support 
and  maintenance,  as  in  such  law  specified.  The  board  of  esti- 
mate and  apportionment  may  also,  in  its  discretion,  appropriate 
and  allow  moneys  raised  by  taxation  or  received  from  any  other 
source  and  properly  applicable  thereto,  to  any  charitable,  elee- 


OHARTEK  OiF  NEW  YORK  OITY. 


103 


mosynary,  correctional  or  reformatory  institution  wholly  or 
partly  under  private  control  for  the  care,  support  and  main- 
tenance of  its  inmates;  such  payments  to  be  made  only  for  such 
inmates  as  are  received  and  retained  therein  pursuant  to  rules 
established  by  the  state  board  of  charities.  The  board  of  esti- 
mate and  apportionment  may  in  any  year,  and  from  time  to 
time,  increase  or  diminish,  the  sum  authorized  to  be  paid  to  any 
institution,  association,  corporation  or  society  included  in  the 
tenth  paragraph  of  this  section.  The  final  estimate 
shall  specify  each  institution  by  its  corporate  name 
and  the  sum  to  be  paid  thereto,  with  a  reference  to  the  laws 
authorizing  the  appropriation,  and  the  comptroller  is  author- 
ized to  pay  the  sum  to  such  institution  upon  its  appearing  to 
his  satisfaction  in  such  manner  as  he  shall  prescribe  that  the 
expenditure  thereof  by  the  institution  is  lawful  and  proper. 
No  appropriation  shall  be  made  under  this  section  to  any  cor- 
poration unless  the  mayor  of  the  city,  or  the  president  of  the 
borough  in  which  the  chief  office  of  such  corporation  is  situ- 
ated, be  notified  of  all  meetings  of  its  board  of  management, 
and  be  empowered  to  attend  the  same  or  designate  in  writing 
some  person  to  do  so  in  his  behalf ;  but  this  shall  not  be  con- 
strued as  impairing  any  existing  powers  of  visitation  vested 
in  the  supreme  court  or  the  state  board  of  charities,  or  any 
provisions  of  law  requiring  statements  by  such  corporations 
as  to  their  affairs. 

Board  of  estimate  and  apportionment  to  audit  charges  against  city 
for  costs,  etc. 

§  231.  The  board  of  estimate  and  apportionment  is  hereby 
authorized  to  audit  and  allow,  as  charges  against  the  city,  the 
reasonable  costs,  counsel  fees  and  expenses  paid  or  incurred, 
or  which  shall  hereafter  be  paid  or  incurred  by  any  commis- 
sioner, city  magistrate  or  police  justice  who  shall  have  been 
a  successful  party,  in  any  proceedings  or  trial  to  remove  him 
from  office,  or  who  shall  bring  or  defend  any  action  or  pro- 
ceeding, in  which  the  question  as  to  his  title  to  office  is  in  any 
way  presented,  or  involved,  or  in  which  it  is  sought  to  con- 
vict him,  or  to  review  or  prohibit  any  such  removal  or  to 
obtain  possession  of  his  office,  or  by  any  commissioner  for 
the  proper  presentation  and  justification  of  his  official  con- 
duct before  any  body  or  tribunal  lawfully  investigating  the 
same,  and  not  officially  recommending  his  removal  from 
office.  The  board  of  estimate  and  apportionment  and  the 
board   of  aldermen   are   hereby  authorized  and  directed 


104 


LAWS  OF  NEW  YORK. 


to  cause  to  be  included  in  the  budget  for  the  year 
following  such  audit,  an  amount  sufficient  to  pay 
the  revenue  bonds  directed  to  be  issued  by  the  said  comptrol- 
ler pursuant  to  section  one  hundred  and  eighty-eight  of  this 
act,  with  all  interest  due  or  to  become  due  thereon. 

Deficiencies;  how  provided  for. 

§  232.  The  amount  raised  by  assessment,  pursuant  to  the 
provisions  of  chapter  one  hundred  and  ninety-one,  of  the 
laws  of  eighteen  hundred  and  eighty,  shall  be  collected  and 
paid  into  the  city  treasury,  and  applied  toward  the  payment 
of  revenue  bonds  issued  under  said  chapter.  If  any  defi- 
ciency shall  arise  from  any  cause,  and  a  sufficient  amount 
shall  not  be  realized  from  such  assessment  to  pay  fifty  thou- 
sand dollars  of  the  revenue  bonds  issued  pursuant  to  said 
chapter,  with  the  interest  thereon,  such  deficiency  shall  be 
provided  for  by  the  board  of  estimate  and  apportionment 
and  the  board  of  aldermen,  by  including  the  same  in  the  an- 
nual appropriation  first  made,  after  the  amount  of  such  de- 
ficiency, if  any,  shall  be  ascertained. 

Issue  of  certain  stock  and  bonds  authorized;  transfers  of  appropri- 
ations. 

§  235.  The  board  of  estimate  and  apportionment  may  at 
any  time,  as  occasion  may  require,  authorize  the 
issue  of  any  stocks  or  bonds  for  the  purpose  of 
withdrawing,  or  taking  up  at  maturity  any  stocks  or 
bonds  outstanding;  but  the  said  bonds  or  their  pro- 
ceeds shall  be  applied  exclusively  to  the  payment,  purchase, 
and  extinction  of  such  maturing  bonds  in  such  manner  that 
the  aggregate  of  the  stocks  or  bonds  of  said  city  outstanding 
shall  not  be  increased  thereby  for  a  longer  period  than  is  neces- 
sary in  effecting  said  change. 

Appropriation  for  prevention  of  contagious  diseases. 

§  236.  For  the  prevention  of  dangers  from  contagious  or 
infectious  diseases  found  to  exist  in  any  part  of  the  city,  or 
for  the  care  of  persons  exposed  to  danger  from  contagious 
or  infectious  diseases,  the  board  of  aldermen  and  the 
board  of  estimate  and  apportionment  may  appropriate 
to  the  use  of  the  health  department  money  in  ex- 
cess of  the  annual  estimate  and  appropriation  for  any  year 
to  the  amount  that  shall  be  declared  necessary  for  such  pur- 


OHARTEiR  OF  NEW  YORK  CITY. 


105 


pose  by  resolution  of  the  board  of  health ;  not,  however,  to 
exceed,  in  the  aggregate,  the  sum  of  eighty  thousand  dollars 
in  excess  of  such  annual  appropriation,  and  if  any  sum  or 
sums  of  money  shall  be  so  appropriated  by  said  board  of 
aldermen  and  said  board  of  estimate  and  apportionment  in 
any  year  prior  to  the  date  of  the  certificate  of  the  comptroller 
to  the  board  of  aldermen  of  the  aggregate  amount  of  the  bud- 
get for  such  year,  the  amount  thereof  shall  be  added  to  such 
final  estimate,  and  included  in  the  tax  levy  in  such  year. 

Board  of  estimate  may  transfer  excess  of  appropriations, 

§  237.  The  board  of  estimate  and  apportionment  shall  have 
the  power  at  any  time  to  transfer  any  appropriation  for  any 
year  which  may  be  found,  by  the  president  of  a  borough,  the 
head  of  a  department  or.  other  ofBcer  having  control 
of  such  appropriation,  to  be  in  excess  of  the  amount  re- 
quired or  deemed  to  be  necessary  for  the  purposes  or 
objects  thereof,  to  such  other  purposes  or  objects  for  which 
the  appropriations  in  such  year  are  insufficient,  or  such 
as  may  require  the  same.  But  nothing  in  the  power  thus  con- 
ferred shall  authorize  the  transfer  by  said  board  of  an  appro- 
priation made  for  any  object  or  purpose,  in  one  year,  to  any 
purpose  or  object,  whether  an  appropriation  has  been  made 
therefor  or  otherwise,  in  any  subsequent  year.  And  any  bal- 
ance of  appropriations  remaining  unexpended  at  the  close  of 
any  fiscal  year,  after  allowing  sufficient  to  satisfy  all  claims 
payable  therefrom,  and  also  any  balance  to  the  credit  of  any 
account  of  moneys  which  have  been  or  may  hereafter  be  paid 
into  the  treasury  of  the  city,  under  existing  laws,  appropriated 
or  authorized  to  be  expended  for  any  specific  purpose,  and 
which  the  said  board  of  estimate  and  apportionment  may  deter- 
mine not  to  be  necessary,  or  to  be  in  excess  of  the  amount 
required  therefor,  may,  at  any  time,  but  not  less  than  sixty 
days  after  the  expiration  of  the  year  for  which  such  appropria- 
tions are  made,  or  sixty  days  after  the  expiration  of  the  year 
during  which  the  moneys  aforesaid  were  paid  inte  the  treasury 
of  the  city,  after  allowing  sufficient  to  satisfy  all  claims  payable 
from  such  appropriations,  or  which  the  comptroller  shall  cer- 
tify should  be  paid  from  said  moneys  paid  into  the  treasury,  as 
aforesaid,  be  transferred  by  the  comptroller,  with  the  approval 
of  the  said  board  of  estimate  and  apportionment,  to  the  general 
fund  of  the  city,  and  applied  to  the  reduction  of  taxation.  The 
approval  by  the  board  of  estimate  and  apportionment  of  the 


106 


LAWS  OF  NEW  YORK. 


certificate  of  the  comptroller,  as  aforesaid,  shall  be  an  appro- 
priation of  the  amounts  therein  stated  to  the  object  or  purposes 
in  said  certificate  specified. 

Appropriations  out  of  excise  moneys  to  home  for  girls. 

§  238.  There  may  be  paid  annually,  out  of  the  excise  moneys 
of  The  City  of  New  York,  to  the  Home  for  Fallen  and  Friend- 
less Girls,  in  said  city,  the  sum  of  one  hundred  and  fifty  dollars, 
for  the  support  of  every  fallen  and  friendless  girl  received  and 
supported  by  said  corporation  in  their  Home  for  Fallen  and 
Friendless  Girls  for  the  year  for  which  such  payment  shall  be 
made,  and  a  proportional  sum  for  a  shorter  period  in  the  same 
year. 

Excise  moneys;  how  appropriated. 

§  240.  Said  board  of  estimate  and  apportionment  is  author- 
ized, from  time  to  time,  in  sums  according  to  its  discretion,  by 
resolution  of  said  board,  to  appropriate  from  excise  moneys 
obtained  from  either  local  or  state  boards  or  officers,  for  taxes 
or  licenses  for  the  sale  of  intoxicating  liquors,  to  such  benevo- 
lent or  charitable  institutions  in  said  city  which  shall  gratui- 
tously aid,  support  or  assist  the  poor  thereof,  as  may  seem  to 
said  board  deserving  or  proper;  and  the  comptroller 
shall  draw  his  warrants  in  favor  of  such  institutions 
respectively  mentioned  in  such  resolutions,  according 
to  the  tenor  thereof,  and  the  chamberlain  shall  pay 
such  warrants  out  of  the  said  moneys  received  for 
licenses.  The  term  "  poor,'*  as  used  in  this  section,  shall  only 
include  persons  who  would  otherwise  become  a  charge  upon 
said  city,  as  foundlings,  orphans,  or  such  prostituted  or  fallen 
women  or  juvenile  delinquents  as  may  be  committed  to  or 
cared  for  gratuitously,  in  or  by  any  reformatory  institution, 
protectory  or  juvenile  asylum,  and  persons  who  are  supported, 
relieved,  or  cared  for  gratuitously,  in  or  by  any  charitable 
institution  for  the  care  or  relief  of  the  ruptured  or  crippled, 
the  cure  of  hip  or  spinal  diseases,  the  sick,  or  the  destitute, 
friendless,  or  infirm,  including  children  of  volunteers  who  died 
in  the  late  civil  war,  and  the  care  and  instruction  of  idiots,  the 
deaf  and  dumb,  the  blind  and  the  insane.  No  payments  shall 
be  made,  in  pursuance  of  this  section,  except  as  a  per  capita 
allowance  for  the  poor  and  destitute  persons  actually  supported, 
treated,  cared  for,  or  educated  in  the  institutions  referred  to 
in  this  section,  except  in  the  case  of  the  American  Female 


CHARTER  OF  NEW  YORK  CITY. 


107 


Guardian  Society  and  Home  for  the  Friendless,  the  Children's 
Aid  Society,  and  the  Shepherd's  Fold  of  the  Protestant  Epis- 
copal Church,  which  shall  severally  receive  only  the  same 
amounts  as  provided  by  other  provisions  of  law.  The  said 
board  of  estimate  and  apportionment  is  also  authorized,  from 
time  to  time,  and  in  sums  according  to  its  discretion,  to  appro- 
priate, by  resolution  of  said  board,  all  moneys  derived  from 
penalties  and  fines,  recovered,  pursuant  to  sections  fourteen 
hundred  and  seventy-three,  fourteen  hundred  and  eighty-one 
and  fourteen  hundred  and  eighty-two  of  this  act,  and  all  mon- 
eys from  licenses  for  amusements  to  whatever  benevolent  or 
charitable  institutions  may  seem  to  such  board  deserving  or 
proper;  but  no  such  resolution  shall  be  valid  unless  adopted 
by  vote  of  a  majority  of  said  board;  and  the  comptroller  of 
said  city  is  hereby  authorized  and  directed  to  draw  his  war- 
rants in  favor  of  the  corporations,  societies,  or  charitable  insti- 
tutions, respectively  mentioned  in  such  resolution  according 
to  the  tenor  thereof;  and  the  chamberlain  of  said  city  shall 
pay  such  warrants  out  of  the  said  moneys  received  for  such 
penalties,  fines  and  licenses. 

Appropriations  for  contesting  office  to  be  made  for  prevailing  party 
only. 

§  241.  No  appropriation  or  payment  for  the  con- 
testing of  the  office  of  mayor,  or  any  seat  in  the 
board  of  aldermen,  or  office  in  any  department,  or  the  office 
of  any  officer  whose  salary  is  paid  from  the  city  treasury,  shall 
be  made  to  any  but  the  prevailing  party.  Nor  shall  any 
such  appropriations  or  payment  be  made  to  such  prevailing 
party  except  upon -the  written  certificate  of  the  chief  officer 
of  the  law  department,  and  of  the  presiding  justice  of  the 
appellate  division  of  the  first  department  of  the  supreme 
court  certifying  who  is  such  prevailing  party,  and  the  value 
of  the  services  rendered  in  the  case.  In  case  an  officer  or 
clerk  is  ordered  to  be  examined,  in  pursuance  of  law,  the 
corporation  counsel  shall  assign  some  one  from  his  depart- 
ment as  counsel  for  the  officer  or  clerk  making  an  application 
therefor. 

Board  of  estimate  and  apportionment;  powers  with  respect  to  certain 
subjects. 

§  242.  The  board  of  estimate  and  apportionment  shall 
have  power  over  the  following  subjects: 

i 


108 


LAWS  OF  NEW  YORK, 


(i.)  To  appropriate,  from  time  to  time,  for  the  mainte- 
nance, improvement  and  extension  of  the  system  of  water  sup- 
ply of  the  borough  of  Brooklyn,  the  moneys  received  from 
water  rents  in  the  said  borough,  subject,  however,  to  the 
charges  now  imposed  by  law  upon  said  revenues. 

(2.)  To  appropriate,  from  time  to  time,  for  the  mainte- 
nance of  the  New  York  and  Brooklyn  Bridge  the  moneys 
received  from  the  revenues  of  said  bridge. 

Board  of  estimate  and  apportionment;  general  powers. 

§  243.  The  said  board  of  estimate  and  apportionment  shall 
exercise  such  powers  and  perform  such  duties  with  resi)ect 
to  the  whole  territory  embraced  within  The  City  of  New 
York,  as  constituted  by  this  act,  as  were  heretofore  vested  in 
the  board  of  street  opening  and  improvements  of  the  corpora- 
tion known  as  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York,  with  respect  to  the  territory  included  within 
that  municipality,  except  so  far  as  the  same  have  been  other- 
wise specifically  and  expressly  conferred  by  this  act.  All  the 
maps,  records  and  proceedings  of  the  board  of  public  improve- 
ments relating  to  the  subjects  as  to  which  jurisdiction  is  con- 
ferred by  this  section  upon  the  board  of  estimate  and  appor- 
tionment shall  be  transferred  to,  kept  and  maintained  in  the 
office  of  the  board  of  estimate  and  apportionment.  And  the 
board  of  estimate  and  apportionment  shall  exercise  such 
other  powers  and  perform  such  other  duties  are  are  vested 
in  or  cast  upon  it  by  any  of  the  provisions  of  this  act,  or 
that  may  in  accordance  with  the  law  be  devolved  upon  it  by 
the  board  of  aldermen.  All  acts  or  proceedings  heretofore 
performed  or  taken  by  the  board  of  public  improvements 
of  The  City  of  New  York  in  respect  to  the  powers  hereby  con- 
ferred and  the  duties  hereby  imposed  upon  the  board  of  esti- 
mate and  apportionment  shall  continue  to  be  valid  and  of  full 
force  and  effect  unless  modified,  repealed  or  abrogated  in  the 
manner  provided  by  law. 

TITLE  6. 

Levying  Taxes. 

Deficiencies;  limits  of;  levies  for, 

§  248.  It  shall  be  the  duty  of  the  board  of  aldermen  to 

include,  in  any  and  every  ordinance  or  resolution  passed  by 
them,  imposing  and  levying  taxes  for  any  purpose  or  pur- 


CHAKTER  OF  NEW  YORK  CITY. 


100 


poses  authorized  by  law,  such  sum,  in  addition  to  the  aggre- 
gate amount  required  for  such  purposes,  as  they  shall  deem 
necessary,  not  exceeding  three  per  centum  of  said  aggregate 
amount,  to  provide  for  deficiencies  in  the  actual  product  of 
the  amount  imposed  and  levied  therefor. 

Aggregate  amount  apportioned  to  be  certified  to  board  of  aldermen 
and  raised. 

§  249.  The  aggregate  amount  estimated  by  the  board  of 
aldermen  and  the  board  of  estimate  and  apportionm.ent,  in 
the  annual  budget,  shall  be  certified  by  the  comptroller  to 
the  board  of  aldermen;  and  it  shall  be  the  duty  of  said  board 
of  aldermen  and  they  are  hereby  empowered  and  directed 
annually  to  cause  to  be  raised,  according  to  law,  and  col- 
lected by  tax  upon  the  estates,  real  and  personal,  subject  to 
taxation  within  The  City  of  New  York,  the  amount  so  cer- 
tified, as  aforesaid. 

CHAPTER  VII. 
Law  Department. 

Corporation  counsel  to  be  the  head  of  the  law  department;  duties; 
salary. 

§  255.  There  shall  be  a  law  department  of  The  City  of  New 
York,  the  head  whereof  shall  be  called  the  corporation  counsel, 
who  shall  be  the  attorney  and  counsel  for  The  City  of  New 
York,  the  mayor,  the  board  of  aldermen  and  each  and 
every  officer,  board  and  department  of  said  city,  ex- 
cept as  otherwise  herein  provided.  The  salary  of  the 
corporation  counsel  shall  be  fifteen  thousand  dollars  a  year. 
The  corporation  counsel  shall  have  charge  and  conduct  of  all 
the  law  business  of  the  corporation  and  its  departments  and 
boards,  and  of  all  law  business  in  which  The  City  of  New 
York  is  interested,  except  as  otherwise  herein  provided.  He 
shall  have  charge  and  conduct  of  the  legal  proceedings  neces- 
sary in  opening,  widening,  altering  and  closing  streets,  and 
in  acquiring  real  estate  or  interests  therein  for  the  city 
by  condemnation  proceedings,  and  the  preparation  of  all 
leases,  deeds,  contracts,  bonds  and  other  legal  papers  of 
the  city,  or  of,  or  connected  with,  any  department,  board 
or  officer  thereof,  and  he  shall  approve  as  to  form  all 
such  contracts,  leases,  deeds,  bonds  and  other  legal  papers; 
provided,  however,  that  he  shall  not  institute  any  pro- 


110 


LAWS  OF  NEW  YOKK. 


cceding  for  acquiring  title  to  real  estate  by  condemnation  pro- 
ceedings, except  for  opening  streets,  unless  the  same  shall  have 
been  approved  by  the  board  of  estimate  and  apportionment 
upon  a  statement  to  be  furnished  said  board  of  the  valuation 
of  such  real  estate  as  assessed  for  purposes  of  taxation;  and 
provided,  further,  that  the  board  of  estimate  and  apportion- 
ment shall  have  power  by  a  majority  vote  to  direct  such 
changes  to  be  made  in  the  forms  of  contracts  and  specifica- 
tions as  may  seem  to  promote  the  interests  of  the  city.  He 
shall  be  the  legal  adviser  of  the  mayor,  the  board  of  aldermen, 
the  presidents  of  the  boroughs  and  the  various  departments, 
boards  and  officers,  except  as  otherwise  herein  provided,  and 
it  shall  be  his  duty  to  furnish  to  the  mayor,  the  board 
of  aldermen,  the  presidents  of  the  boroughs  and  to  every 
department,  board  and  officer  of  the  city  all  such  advice 
and  legal  assistance  as  counsel  and  attorney  in  or  out 
of  court  as  may  be  required  by  them  or  either  of  them, 
and  for  that  purpose  the  corporation  counsel  may  assign 
an  assistant  or  assistants  to  any  department  that  he  shall 
deem  to  need  the  same.  No  ofificer,  board,  or  depart- 
ment of  the  city,  unless  it  be  herein  otherwise  especially 
provided,  shall  have  or  employ  any  attorney  or  counsel,  except 
where  a  judgment  or  order  in  an  action  or  proceeding  may 
affect  him  or  them  individually  or  may  be  followed  by  a  mo- 
tion to  commit  for  contempt  of  court,  in  which  case  he  or 
they  may  employ  and  be  represented  by  attorney  or  counsel 
at  his  or  their  own  expense.  The  corporation  counsel, 
except  as  otherwise  herein  provided,  shall  have  the  right 
to  institute  actions  in  law  or  equity,  and  any  proceedings 
provided  by  the  code  of  civil  procedure  or  by  law  in  any 
court,  local,  state  or  national,  to  maintain,  defend  and 
establish  the  rights,  interests,  revenues,  property,  privileges, 
franchises  or  demands  of  the  city  or  of  any  part  or  portion 
thereof,  or  of  the  people  thereof,  or  to  collect  any  money,  debts, 
fines  or  penalties  or  to  enforce  the  laws  and  ordinance^. 
He  shall  not  be  empowered  to  compromise,  settle  or  adjust 
any  rights,  claims,  demands  or  causes  of  action  in  favor  of 
or  against  The  City  of  New  York;  provided,  however,  that 
this  inhibition  shall  not  operate  to  limit  or  bridge  the  dis- 
cretion of  the  corporation  counsel  in  regard  to  the  proper 
conduct  of  the  trial  of  any  proceeding  or  action  at  law,  or  to 
deprive  said  corporation  counsel  of  the  powers  or  privileges 
ordinarily  exercised  in  the  course  of  litigation  by  attorneys- 
at-law  when  acting  for  private  clients.    He  shall  not  permit, 


OmRTER  OF  NEW  YORK  OITY. 


ill 


offer  or  confess  judgment  against  the  city,  of  accept  any 
offer  of  judgment  in  favor  of  the  city  without  the  previous 
written  approval  of  the  comptroller;  and  in  case  of  any  claim 
for  a  money  judgment  exceeding  ten  thousand  dollars,  or 
for  relief  other  than  in  the  nature  of  a  money  judgment,  the 
previous  written  approval  of  the  mayor  shall  be  also  neces- 
sary. 

Corporation  counsePs  power  of  appointment. 

§  256.  The  corporation  counsel  may  appoint,  and  at  pleasure 
remove,  as  many  assistants  to  the  corporation  counsel  as  are 
necessary  to  the  discharge  of  the  duties  of  the  law  department, 
and  he  may  appoint  and  at  pleasure  remove  such  clerks,  assist- 
ants, and  subordinates  as  are  requisite  to  the  discharge  of  the 
business  of  the  department,  giving  to  his  appointees  such  titles 
or  designations  as  he  may  deem  appropriate  to  their  services, 
respectively.  Any  assistant  corporation  counsel  shall, 
in  addition  to  his  other  powers,  possess  every  power  and 
perform  all  and  every  duty  belonging  to  the  ofhce  of 
the  corporation  counsel,  or  so  much  of  such  duties  as  the 
corporation  counsel  shall  deem  it  necessary  to  delegate  when- 
ever so  empowered  by  said  corporation  counsel  by  written 
authority,  designating  therein  a  period  of  time,  not  extending 
beyond  three  months,  nor  beyond  the  term  of  office  of  said 
corporation  counsel,  during  which  such  power  and  authority 
may  be  exercised ;  such  designation  and  authority  must  be  duly 
filed  and  remain  on  record  in  the  law  department,  and  may  be 
revoked  at  any  time.  Neither  the  corporation  counsel,  nor 
any  of  his  assistants,  shall  appear  as  attorney  or  counsel  in  any 
action  or  litigation  except  in  the  discharge  of  his  official  duties, 
nor  accept  an  appointment  as  referee  or  receiver  in  any  action 
or  proceeding. 

Branch  offices. 

§  257.  In  addition  to  the  main  office  of  the  corporation 
counsel,  which  shall  be  located  in  the  borough  of  Manhattan, 
he  shall  have  an  offfce  in  the  borough  of  Brooklyn  and,  in 
his  discretion,  may  maintain  an  office  in  the  borough  of  The 
Bronx,  the  borough  of  Queens  and  the  borough  of  Richmond, 
or  either  of  them. 


112 


LAWM  OF  NEW  YORK. 


Cureaus. 

§  258.  The  corporation  counsel  may  establish  such  bu- 
reaus for  divisions  of  service  m  the  law  department  as  he 
may  judge  most  conducive  to  the  efficient  discharge  of  duty. 
There  shall  be  a  bureau  in  the  law  department  to  be  known 
as  the    bureau  of  street  openings."     It  shall  have  charge 
under  the  direction  of  the  corporation  counsel  of  such  legal 
proceedings  to  open,  widen,  alter  or  close  streets  and  parks, 
and  to  acquire  title  to  or  extinguish  interests  in  real  estate 
therefor,  and  of  all  such  other  proceedings  involving  awards 
for  damages  or  assessments  for  benefit  to  lands,  tenements 
and  hereditaments  as  may  be  assigned  to  it  by  the  corporation 
counsel.   The  corporation  counsel  shall  appoint  and  remove, 
at  will,  the  head  of  said  bureau  and  all  other  employes 
thereof,  and  shall  regulate  their  salaries  and  compensation. 
The  assistants  to  the  corporation  counsel  assigned  to  such 
bureau,  shall  conduct  in  his  behalf,  and  subject  to  his  direc- 
tion and  control,  all  legal  proceedings  so  assigned,  and  shall 
also  act  as  clerks  to  the  commissioners  of   estimate  or 
the  commissioners  of  estimate  and  assessment  in  all  such 
proceedings  without  compensation  therefor  other  than  their 
salaries.    Such  bureau  shall  furnish  to  the  commissioners  of 
estimate  or  the  commissioners  of  estimate  and  assessment  in 
each  proceeding,  suitable  offices  and  all  the  assistants  which 
they  may  require  in  preparing  their  preliminary  abstracts  of 
estimate  or  of  estimate  and  assessment,  and  their  final  re- 
ports for  presentation  to  the  supreme  court  for  confirma- 
tion.   The  compensation  of  the  head  of  said  bureau  and  of 
all  other  employes  thereof,  and  all  the  legal  costs,  charges, 
expenses  and  disbtirsements  incurred  by  said  bureau  on  ac- 
count of  such  proceedings,  shall  be  divided  proportionately, 
as  nearly  as  practicable,  to  the  services  rendered  or  expense 
incurred  in  each  of  the  said  proceedings,  and  shall  be  in- 
cluded in  the  assessment  for  benefit  to  be  imposed  by  the 
commissioners  of  estimate  or  the  commissioners  of  estimate 
and  assessment  in  each  proceeding  as  part  of  the  costs, 
charges  and  expenses  thereof,  after  the  same  shall  have  been 
taxed  by  the  court  in  the  manner  now  provided  by  law  for 
the  taxation  of  such  costs,  charges,  expenses  and  disburse- 
ments; but  the  compensation  of  the  employes  of  said  bureau 
and  the  necessary  charges,  expenses  and  disbursements 
thereof,  shall  be  chargeable  to  and  shall  be  paid  monthly,  in 
the  first  instance  by  the  comptroller  of  The  City  of  New  York, 
out  of  the  fund  known  as  "  the  fund  for  street  and  park 


CHARTER  OF  NEW  YORK  CITY. 


113 


openings,"  created  by  chapter  one  hundred  and  seventy- 
three  of  the  laws  of  eighteen  hundred  and  eighty-five,  and  the 
acts  amendatory  thereof  and  supplemental  thereto,  upon  pay- 
rolls and  vouchers  duly  certified  by  the  corporation  counsel. 
The  assistant  clerks  or  other  appointees,  of  this  bureau,  en- 
gaged in  the  transaction  of  business  or  duties  pertaining  to 
the  borough  of  Brooklyn,  may  have  their  office  in  the  bor- 
ough hall  or  public  building  of  the  borough  of  Brooklyn 
and  if.  in  the  judgment  of  the  corporation  counsel  it  be  con- 
venient and  advisable,  such  of  the  assistants,  clerks  or  other 
appointees  of  this  bureau  as  may  be  engaged  in  the  transac- 
tion of  business  pertaining  to  the  borough  of  The  Bronx,  the 
borough  of  Richmond  or  the  borough  of  Queens,  may  like- 
wise have  an  office  in  either  of  said  boroughs. 

Bureau  for  recovery  of  penalties. 

§  259.  There  shall  be  a  bureau  In  the  law  department  for 
the  recovery  of  penalties  for  the  violation  of  any  law  or  mu- 
nicipal ordinance,  to  be  called  the  "  bureau  for  the  recovery 
of  penalties."  All  actions  for  such  recovery  shall  be  brought 
in  the  name  of  The  City  of  New  York,  and  not  in  that  of  any 
department,  except  w^here  otherwise  provided  by  this  act. 
The  assistant  corporation  counsel  assigned  to  this  bureau  in 
the  main  office,  or  in  the  branch  office  located  in  any  borough, 
shall  not  receive  for  his  own  use  any  fees  or  emoluments  in 
addition  to  his  salary,  and  he  shall  pay  into  the  city  treasury 
all  costs  and  commissions  received  by  him  from  any  source 
whatever;  such  payments  shall  be  made  monthly,  and  shall 
be  accompanied  by  a  sworn  statement  in  such  form  as  the 
comptroller  shall  prescribe.  A  statement  of  the  costs,  com- 
missions, fines  and  penalties  collected,  shall  be  published  in 
the  City  Record  monthly.  All  fines  or  moneys,  from  what- 
soever source,  received  by  the  head  of  this  bureau,  shall  be 
paid  into  the  treasury  of  the  city,  except  as  otherwise  speci- 
fically provided  by  law.  The  assistant  corporation  ccunsel 
assigned  to  this  bureau  in  the  main  office,  or  in  the  branch 
office  located  in  any  borough,  subject  only  to  the  approval 
of  the  corporation  counsel,  may  settle,  compromise,  adjust,  or 
discontinue,  any  action  brought  to  recover  a  penalty  in  the 
name  of  The  City  of  New  York  or  any  department,  board, 
bureau,  or  officer  thereof,  provided  that  the  penalty  sued  for 
does  not  exceed  the  sum  of  one  hundred  dollars. 


LAWS  OF  ]SrEW  YORK:. 


Bureau  for  collection  of  arrears  of  personal  taxes. 

§  260.  There  shall  be  a  bureau  in  the  law  department  for 
the  collection  of  arrears  of  personal  taxes  to  be  called  the 
"  bureau  for  the  collection  of  arrears  of  personal  taxes."  The 
assistant  corporation  counsel  assigned  to  this  bureau  shall 
give  a  bond  to  The  Cit}^  of  New  York,  with  one  or  more 
sureties,  to  be  approved  by  comptroller  and  corporation 
counsel,  in  the  penal  sum  of  ten  thousand  dollars,  conditioned 
for  the  faithful  performance  of  the  duties  of  the  office  and  the 
payment  over  of  all  taxes  collected  by  him,  which  shall  be 
filed  in  the  comptroller's  office,  and  he  and  his  bondsman  or 
bondsmen  shall  be  responsible  to  the  corporation  therefor. 

Presentation  of  claims  to  be  pleaded. 

§  261.  No  action  or  special  proceeding,  for  any  cause  what- 
ever, shall  be  prosecuted  or  maintained  against  The  City  of 
New  York,  unless  it  shall  appear  by  and  as  an  allegation  in 
the  complaint  or  necessary  moving  papers  that  at  least  thirty 
days  have  elapsed  since  the  demand,  claim  or  claims  upon 
which  such  action  or  special  proceeding  is  founded  were  pre- 
sented to  the  comptroller  of  said  city  for  adjustment,  and  that 
he  has  neglected  or  refused  to  make  an  adjustment  or  payment 
thereof  for  thirty  days  after  such  presentment. 

Jurisdiction  of  actions  against  the  city. 

§  262.  All  actions  wherein  The  City  of  New  York  Is  made 
a  party  defendant  shall  be  tried  in  that  county  within  The 
City  of  New  York  in  which  the  cause  of  action  arose,  or  in 
the  county  of  New  York,  subject  to  the  power  of  the  court  to 
change  the  place  of  trial  in  the  cases  provided  by  law. 

Service  of  process. 

§  263.  All  process  and  papers  for  the  commencement  of 
actions  and  legal  proceedings  against  The  City  of  New  York 
shall  be  served  either  upon  the  mayor,  the  comptroller  or  the 
corporation  counsel. 

Issuance  of  execution. 

§  264.  No  execution  shall  be  issued  upon  any  Judgment 
recovered  against  The  City  of  New  York  until  after  ten  days' 
notice,  in  writing,  of  the  recovery  of  such  judgment  shall  have 
been  given  to  the  comptroller. 


CHARTER  OF  NEW  YORK  CITY. 


115 


Bills  of  costs  in  condemnation  proceedings. 

§  265.  No  bills  of  costs  for  fees  of  commissioners  of  esti- 
mate, or  for  other  expenses  in  and  about  special  proceedings 
instituted  for  the  acquisition  of  the  title  to  lands  required  by 
The  City  of  New  York  for  pubhc  purposes,  shall,  unless  the 
same  be  payable  by  law  from  the  fund  for  street  and  park 
'  openings,  be  taxed  by  the  supreme  court  prior  to  the  con- 
firmation of  the  report  of  the  commissioners  of  estimate  ap- 
pointed in  such  proceedings. 

CHAPTER  VIII. 
Police  Department. 

Police  commissioner;  salary;  deputies;  salaries,  etc. 

§  270.  The  head  of  the  police  department  shall  be  called 
the  police  commissioner,  who  shall  be  appointed  by  the 
mayor,  and  shall,  unless  sooner  removed,,  hold  office  for  the 
term  of  five  years,  and  until  his  successor  shall  be  appointed 
and  has  qualified.  The  said  commissioner  may,  whenever,  in 
the  judgment  of  the  mayor  of  said  city  or  the  governor,  the 
public  interests  shall  so  require,  be  removed  from  office  by 
either,  and  shall  be  ineligible  for  reappointment  thereto.  The 
successors  in  office  of  the  said  commissioner  shall  also  be  ap- 
pointed by  the  mayor  of  the  city  within  ten  days  after  any 
vacancy  shall  occur,  and  shall  be  removed  by  either  the 
mayor  or  governor  whenever  the  public  interests  so  require. 
The  salary  of  said  police  commissioner  shall  be  seventy-five 
hundred  dollars  a  year.  The  said  commissioner  shall  have 
the  power  to  appoint,  from  the  citizens  of  the  United  States 
and  residents  of  the  said  city,  and  at  pleasure  remove,  two 
deputies,  to  be  known  as  first  deputy  commissioner  and 
second  deputy  commissioner.  The  first  deputy  commissioner 
shall,  during  the  absence  or  disability  of  the  commissioner, 
possess  all  the  powers  and  perform  all  the  duties  of  the  com- 
missioner except  the  power  of  making-  appointments  and 
transfers.  In  the  absence  or  disability  of  both  the  commis- 
sioner and  the  first  deputy  commissioner,  the  second  deputy 
commissioner  shall  possess  all  the  powers  and  perform  all  the 
duties  of  the  commissioner  except  the  power  of  making  ap- 
pointments and  transfers.  The  commissioner  shall  define  the 
duties  of  the  deputy  commissioners,  and  may  delegate  to 
either  of  them  any  of  his  powers  except  the  power  of  making 
appointments  and  transfers.   The  salary  of  each  of  such 


116 


LAWS  OF  NEW  YORK. 


deputy  commissioners  shall  be  four  thousand  dollars  a 
year. 

Police  commissioner;  authority. 

§  271.  The  said  police  commissioner  shall  have  cognizance 
and  control  of  the  government,  administration,  disposition 
and  discipline  of  the  said  police  department,  and  of  the  police 
force  of  said  department. 

Id.;  to  make  and  enforce  rules  and  regulations. 

§  272.  The  said  police  commissioner  shall  make, 
adopt  and  enforce  such  rules,  orders  and  regulations,  and 
do  all  such  other  acts  as  may  be  reasonably  necessary  to 
effect  a  prompt  and  efficient  exercise  of  all  powers  conferred 
by  law,  and  the  performance  of  all  duties  imposed  by  law 
upon  the  said  commissioner  or  the  said  department,  or  upon 
any  part  of  or  person  in  said  department.  But  said  commis- 
sioner shall  do  no  act  which  is  contrary  to  or  inconsistent 
with  this  act. 

Boards  and  officers  abolished  and  forces  consolidated. 

§  273.  Except  as  herein  otherwise  expressly  provided,  the 
police  department,  the  board  of  police  and  the  offices  of  the 
police  commissioners  of  The  City  of  New  York,  provided  for 
by  the  New  York  city  consolidation  act  of  eighteen  hundred 
and  eighty-two,  and  the  acts  amendatory  thereof,  the  office 
of  commissioner  of  police  and  excise  of  the  city  of  Brooklyn, 
the  board  of  police  commissioners  for  Long  Island  City  and 
the  board  of  commissioners  of  police  for  the  county  of  Rich- 
mond are  hereby  abolished.  The  respective  police  forces 
and  departments  heretofore  existing  in  the  said  cities  and  the 
said  county,  including  the  park  police  of  the  mayor,  alder- 
men and  commonalty  of  the  city  of  New  York,  and  the  park 
police  of  the  city  of  Brooklyn,  and  the  police  force  of  the 
New  York  and  Brooklyn  bridge  are  hereby  consoHdated  into 
one  department  and  force  to  be  constituted,  controlled  and 
administered  as  provided  in  this  chapter. 

Police  department;  powers  and  authority  transferred  to. 

§  274.  All  the  rights,  powers,  authority,  duties  and  obli- 
gations, immediately  heretofore  by  law  vested  in  or  imposed 
upon  the  police  departments,  or  either  of  the  boards  or  com- 
missioners mentioned  in  the  last  above  section,  shall  forth- 


CHAKTEW  OF  NEW  YORK  CITY, 


117 


with  by  force  of  and  as  an  efifect  of  this  chapter  be  transferred 
to  and  continue  in  the  police  department  created  by  this  act 
except  in  so  far  as  the  same  shall  be  contrary  to  or  incon- 
sistent with  the  provisions  of  this  chapter.  All  the  rights, 
powers,  authority,  duties  and  obligations  relative  to,  or  con- 
nected with  the  appointment,  control  or  cognizance  of  any 
police  force  immediately  heretofore  by  law  vested  in  or  im- 
posed upon  the  commissioners  of  public  parks  in  The  City  of 
IS  ew  York,  the  department  of  parks  of  the  city  of  Brooklyn, 
and  the  board  of  trustees  of  the  New  York  and  Brooklyn 
bridge,  shall  forthwith,  by  force  of,  and  as  an  effect  of  this 
chapter  be  transferred  to  and  continued  in  the  police  depart- 
ment created  by  this  act,  except  in  so  far  as  the  same  shall 
be  contrary  to  or  inconsistent  with  the  provisions  of  this 
chapter. 

Property  to  vest  in  The  City  of  New  York  and  be  managed  by  police 
department. 

§  275.  All  money,  funds  and  prooerty,  and  all  rights  and 
title  to  and  interest  in,  and  possession  of  and  control  over  and 
all  rights  to  the  use  and  possession  of  any  moneys,  funds  or 
property,  which  when  this  act  takes  effect,  shall  be  vested  in, 
held  or  exercised  by  the  department,  or  either  of  the  boards 
or  commissioners,  mentioned  in  section  two  hundred  and 
seventy-three  of  this  act,  or  which  shall  then  be  applicable  to, 
or  used  for  the  purpose  of,  or  in  the  maintenance  of,  or  in 
connection  with  the  functions  or  duties  of  either  of  the  re- 
spective police  forces  appointed  by  the  commissioners  of 
public  parks  in  The  City  of  New  York,  the  department  of 
parks  of  the  city  of  Brooklyn,  or  the  said  trustees  of  the  New 
York  and  Brooklyn  bridge,  shall  forthwith  by  force  of  and 
as  an  effect  of  this  chapter,  be  and  become  vested  in  The  City 
of  New  York,  and  the  same  shall  be  held,  exercised,  man- 
aged, controlled,  used  and  applied  by,  and  under  the  direc- 
tion of  the  police  department  created  by  this  act  until  it  is 
otherwise  lawfully  provided.  No  such  money,  funds  or  prop- 
erty shall,  however,  be  used  for  or  applied  to  any  purpose 
different  in  kind  from  that  for  or  to  which  the  same  might 
theretofore  have  been  lawfully  used  or  applied,  until  such 
different  use  or  application  shall  first  have  been  lawfully 
authorized. 


118 


LAWS  OF  NEW  YORK. 


Police  force;  composition. 

§  276.  Until  otherwise  provided  by  the  board  of  aldermen, 
upon  the  recommendation  of  the  mayor  and  the  poHce 
commissioner,  the  police  force  in  the  police  department 
created  by  this  chapter,  shall  consist  of  the  following  mem- 
bers, to  wit:  Fifteen  inspectors  of  poHce;  captains  of  police, 
not  exceeding  in  number  one  to  each  fifty  of  the  total 
number  of  patrolmen,  except  in  the  rural  portion  of 
the  city;  sergeants  of  police,  not  exceeding  four  in 
number  to  each  fifty  of  the  total  number  of  patrol- 
men; roundsmen  not  exceeding  four  in  number  to 
each  fifty  patrolmen;  detective  sergeants  to  the  num- 
ber authorized  by  law;  the  members  of  the  telegraph 
force  as  specified  in  section  two  hundred  and  seventy- 
seven  of  this  act;  the  superintendent  and  inspectors  of  boilers 
as  specified  in  section  three  hundred  and  forty-two  of  this 
act;  doormen  of  police,  not  exceeding  two  in  number  to  each 
fifty  of  the  total  number  of  patrolmen;  surgeons  of  police, 
not  exceeding  forty  in  number,  one  of  whom  shall  be  chief 
surgeon,  and  patrolmen  to  the  number  of  six  thousand  three 
hundred  and  eighty-two.  The  deputy  chiefs  of  police  who 
shall  have  been  in  said  ofifice  prior  to  the  time  when  this  act 
shall  take  efifect  shall  become  inspectors  of  police,  with  the 
salaries  of  deputy  chiefs,  and  the  rights  granted  to  deputy 
chiefs  in  respect  to  the  relief  pension  fund. 

Id.;  members  of  former  forces  in  New  York  city  transferred. 

§  277.  The  members  of  the  police  force  of  The  City  of 
New  York,  and  the  members  of  the  police  force  appointed  by 
the  commissioners  of  public  parks  in  said  city,  as  said  forces 
are  provided  for  by  sections  two  hundred  and  sixty-five  and 
six  hundred  and  ninety  of  the  New  York  city  consolidation 
act  of  eighteen  hundred  and  eighty-two,  and  by  the  statutes 
amendatory  of  and  supplementary  to  said  sections,  who  shall 
be  such  members  of  said  forces  respectively  when  this  act 
takes  effect,  shall  be  members  of  the  police  force  specified  in 
section  two  hundred  and  seventy-six  of  this  act.  The  em- 
ployes of  the  telegraph  force  of  the  police  department,  of  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New  York 
who  are  in  office  when  this  act  takes  effect,  shall  take  the  same 
rank  in  the  police  force  specified  in  section  two  hundred  and 
seventy-six  of  this  act,  as  the  telegraph  force  of  the  police 
department  of  the  dty  of  Brooklyn  has  under  existing  laws; 


CHARTER  OF  NEW  YORK  CITY.  119 


provided,  however,  that  until  otherwise  ordered  by  the  police 
commissioner,  the  superintendent  of  telegraph  of  the  police 
force  of  the  mayor^  aldermen  and  commonalty  of  the  City 
of  New  York  shall  be  superintendent  of  telegraph  for  the 
police  force  specified  in  said  section  two  hundred  and  seventy- 
six  of  this  act;  and  the  deputy  superintendent  of  telegraph  of 
the  police  force  of  said,  the  mayor,  aldermen  and  commonalty 
of  the  City  of  New  York,  shall  be  deputy  superintendent  of 
telegraph  in  the  central  office  in  the  borough  of  Manhattan; 
and  the  superintendent  of  telegraph  of  the  police  force  of  the 
city  of  Brooklyn  shall  be  superintendent  of  police  telegraph  for 
the  borough  of  Brooklyn. 

Id.;  members  of  former  forces  in  Brooklyn  transferred. 

§  278.  The  superintendent  and  deputy  superintendent  of 
police,  and  each  inspector,  captain,  sergeant,  detective-sergeant, 
roundsman,  patrolman,  doorman,  bridge-keeper,  police  sur- 
geon, superintendent  of  telegraph,  and  telegraph  operator,  who 
is,  when  this  act  takes  effect  in,  of,  or  attached  to  the  police 
force  of  the  city  of  Brooklyn,  or  the  police  force  appointed 
by  the  department  of  parks  of  said  city,  or  the  police  force 
appointed  by  the  board  of  trustees  of  the  New  York  and 
Brooklyn  bridge,  pursuant  to  section  eight  of  chapter  three 
hundred  of  the  laws  of  eighteen  hundred  and  seventy-five,  and 
the  acts  amendatory  thereof,  or  supplementary  thereto,  shall 
be  members  of  the  police  force  specified  in  section  two  hundred 
and  seventy-six  of  this  act 

Id.;  members  of  former  force  in  Long  Island  City  transferred. 

§  279.  The  lawfully  appointed  captain,  sergeant  and  patrol- 
men of  the  police  force  of  Long  Island  City,  who  shall  be  such 
when  this  chapter  takes  effect,  shall  be  members  of  the  police 
force,  specified  in  section  two  hundred  and  seventy-six  of  this 
act 

Id.;  members  of  former  force  in  Richmond  county  transferred. 

§  280.  The  captain  and  each  sergeant,  roundsman  and 
patrolman  of  the  police  force  of  the  county  of  Richmond,  or 
of  any  town  or  village  in  that  part  of  the  county  of  Queens 
included  in  The  City  of  New  York,  as  hereby  constituted,  shall 
be  members  of  the  police  force  specified  in  section  two  hundred 
and  seventy-six  of  this  act 


120 


LAWS  OF  NEW  YORK:. 


Police  commissioner;  authority  over  members  transferred  by  pre- 
ceding sections;  rank  of  transferred  members. 

§  281.  The  police  commissioner  created  by  this  act 
shall  have  the  same  powers,  control  and  authority  over  the 
members  of  the  police  force,  transferred  thereto  by  sections 
two  hundred  and  seventy-seven,  two  hundred  and  seventy- 
eight,  two  hundred  and  seventy-nine  and  two  hundred  and 
eighty  of  this  act,  and  over  their  tenure  of  such  membership 
and  removal  therefrom,  as  the  said  commissioner  shall  have 
over  the  members  of  said  force,  appointed  thereto  by  him, 
and  especially,  except  as  otherwise  provided  by  this  chapter, 
to  fix  and  assign  the  rank,  title,  duties,  powers  and  place  of 
service  of  said  transferred  members.  Until  by  said  commis- 
sioner otherwise  provided  the  rank,  title,  duties,  powers  and 
place  of  service  of  said  transferred  members  shall  be  the 
same  as  they  were  in  the  police  force  to  which  they  belonged 
before  this  act  took  effect. 

Id.;  authority  over  employes  of  former  boards;  duties  and  salaries 
of  such  emploj'es. 

§  282.  All  clerks,  matrons,  secretaries,  and  other  subordi- 
nates, assistants  and  employes  attached  to,  or  in  the  service  of 
the  department  or  either  of  the  boards  or  commissioners  speci- 
fied in  section  two  hundred  and  seventy-three  of  this  act,  until 
it  shall  be  otherwise  provided  by  the  police  commissioner 
created  by  this  act,  shall  perform  like  services  and  duties 
and  receive  therefor  the  same  salaries  or  compensation  as  they 
performed  and  received  respectively  prior  to  this  act  taking 
efYect.  But  such  clerks,  matrons,  secretaries,  and  other  subor- 
dinates, assistants  and  employes,  their  services,  duties,  salaries 
or  compensation,  tenure  of  and  removal  from  their  positions 
or  employment  shall  in  all  respects  be  subject  to  the  control 
and  authority  of  the  police  commissioner  created  by  this  act. 

Id.;  power  to  appoint  and  remove  members  and  employes;  salaries 
and  lines. 

§  283.  Subject  to  the  powers  by  this  act  conferred  on  the 
board  of  estimate  and  apportionment  and  the  board  of 
aldermen  of  The  City  of  New  York,  and  to  such  other  provi- 
sions of  this  act  as  may  limit  their  power  in  the 
premises,   the   police   commissioner  created  by  this  act 


CHAKTEK  OP  NEW  YOKK  CITY. 


121 


shall  have  power  to  appoint  and  remove  as  hereinafter 
provided  the  members  of  the  police  force  specified  in  section 
two  hundred  and  seventy-six  of  this  act,  and  also  such  clerks, 
police  matrons,  secretaries,  and  other  subordinates,  assistants 
and  employes  as  may  be  reasonably  necessary  to  the  proper 
performance  of  the  duties  and  execution  of  the  powers  and 
functions  of  the  police  department  created  by  this  act,  or  of 
any  of  the  component  parts  thereof,  and  to  prescribe  their 
respective  ranks  and  duties.  The  salary  or  compensation  of 
members  of  the  poHce  force  shall  be  subject  to  all  fines, 
penalties,  forfeitures  and  deductions  lawfully  imposed  for 
cause. 

Police  force;  qualifications  of  members;  publishing  names  and  resi=> 
dence  of  applicants  and  appointees. 

§  284.  No  person  shall  be  appointed  or  reappointed 
to  membership  in  the  police  force  or  continue  to  hold  member- 
ship therein,  who  is  not  a  citizen  of  the  United  States,  or  who 
has  ever  been  convicted  of  felony,  or  who  cannot  read  and 
write  understandingly  the  EngUsh  language,  or  who  shall 
not  have  resided  within  the  state  one  year  next  preceding 
his  appointment,  but  skilled  officers  of  experience  may  be  ap- 
pointed for  detective  duty  who  have  not  resided  as  herein 
required.  No  person  shall  be  appointed  patrolman  who  shall 
be  at  the  date  of  appointment  over  thirty  years  of  age;  and 
no  person  who  shall  have  been  a  member  of  the  force  and 
shall  have  been  dismissed  therefrom,  shall  be  reappointed. 
The  name,  residence  and  occupation  of  each  applicant  for  ap- 
pointment or  reappointment  to  any  position  in  the  police 
department,  as  well  as  the  name,  residence  and  occupation  of 
each  person  appointed  to  any  position,  shall  be  published,  and 
such  publication  shall,  in  every  instance,  be  made,  on  the 
Saturday  next  succeeding  such  application,  or  appointment,  in 
the  City  Record. 

Id.;  warrant  of  appointment;  oath. 

§  285.  Every  member  of  the  police  force  shall  have  Issued 
to  him,  by  the  police  department,  a  proper  warrant  of  appoint- 
ment, signed  by  the  police  commissioner  and  chief  clerk  or 
first  deputy  clerk  of  said  department  or  of  the  poUce  commis- 
sioner, which  warrant  shall  contain  the  date  of  appointment 
and  rank.  Each  member  of  the  poHce  force  shall,  before  en- 
tering upon  the  duties  of  his  office,  take  an  oath  of  office  and 
subscribe  the  same  before  any  officer  of  the  police  department 
who  is  empowered  to  administer  an  oath. 


122 


LAWS  OF  NEW  YORK. 


Id.;  promotions. 

§  288.  Promotions  of  officers  and  members  of  the  police 
force  shall  be  made  by  the  police  commissioner,  as  provided 
in  section  one  hundred  and  twenty-four  of  this  act,  on  the 
basis  of  seniority,  meritorious  police  service  and  superior 
capacity^  as  shown  by  competitive  examination.  Individual 
acts  of  personal  bravery  may  be  treated  as  an  element  of 
meritorious  service  in  such  examination,  the  relative  rating 
therefor  to  be  fixed  by  the  municipal  civil  service  commis- 
sion. The  police  commissioner  shall  transmit  to  the  munici- 
pal civil  service  commission  in  advance  of  such  examina- 
tion the  complete  record  of  each  candidate  for  promotion. 
Roundsmen  shall  be  selected  from  among  patrolmen  of 
the  first  grade,  but  roundsmen  may  be  reduced  to  the 
grade  of  patrolmen  at  any  time  by  the  police  commis- 
sioner after  due  trial  upon  charges,  the  determination  of  which 
may  be  reviewed  by  writ  of  certiorari.  Sergeants  of  police 
shall  be  selected  from  among  roundsmen  who  shall  have  served 
at  least  two  years  continuously  as  such.  Captains  shall  be 
selected  from  among  sergeants  who  shall  have  served  at  least 
three  years  as  such.  Inspectors  shall  be  selected  from  among 
captains  who  shall  have  served  at  least  two  years  as  such. 

Id.;  increase  of. 

§  289.  The  police  commissioner  is  authorized  to  in- 
crease the  police  force  by  adding  to  the  number  of  patrolmen 
from  time  to  time,  provided  the  board  of  estimate  and  appor- 
tionment and  the  board  of  aldermen  shall  have  previously 
made  an  appropriation  for  that  express  purpose,  such  in- 
crease not  to  exceed  one  hundred  and  fifty  in  any  one  year. 
The  board  of  estimate  and  apportionment  and  the  board  of 
aldermen  may  include  in  the  annual  budget  from  year  to 
year,  and  the  comptroller  shall  certify,  as  required  by  law,  to 
the  board  of  aldermen  and  the  board  of  aldermen  shall  in- 
clude in  the  annual  tax  levy  an  amount  sufificient  to  provide 
for  the  compensation  of  the  additional  patrolmen  authorized 
to  be  appointed  pursuant  to  the  provisions  of  this  section. 

Id.;  central  office  bureau  of  detectives. 

§  290.  The  police  commissioner  shall  maintain  a  bureau 
which  shall  be  called  the  central  office  bureau  of  de- 
tectives, and  shall  select  and  appoint  to  perform  detective 
duty  therein  from  the  patrolmen  or  roundsmen  as  many  de- 


CHARTER  OF  NEW  YORK  CITY. 


123 


tectives  as  the  said  commissioner  may  from  time  to  time  de- 
termine necessary  to  make  that  bureau  efficient.  The  patrol- 
men or  roundsmen  so  selected  and  appointed,  and  the  patrol- 
men or  roundsmen  heretofore  selected,  appointed  or  assigned 
to  perform  detective  duty  in  the  detective  bureau,  or  in  what 
is  known  as  the  headquarters  squad,  and  who  were  acting  in 
said  bureau  or  squad  on  the  first  day  of  April,  nineteen  hun- 
dred and  one,  shall  be  known  as  detective  sergeants,  shall  act 
as  such  in  said  bureau,  and  shall  hold  the  same  rank  and  shall 
be  eligible  for  promotion  in  the  entire  police  force  in  the  city 
under  the  same  rules  and  conditions  applicable  to  the  promo- 
tion of  all  other  sergeants  of  police  in  said  city,  and  shall  not 
be  reduced  in  rank  or  salary  except  in  the  manner  provided 
by  law  for  sergeants  and  other  officers  of  the  police  force. 
These  patrolmen  or  roundsmen  known  as  detective  sergeants 
on  the  first  day  of  April,  nineteen  hundred  and  one,  as  afore- 
said in  the  detective  bureau  shall  have  the  power  to  draw 
and  be  paid  the  same  pay  as  other  sergeants  of  police. 
Nothing  in  this  section  shall  be  construed  to  authorize 
the  police  commissioner  to  appoint  any  additional 
patrolmen  in  place  of  said  detective  sergeants.  The  head- 
quarters of  the  said  central  office  bureau  of  detectives  shall  be 
at  the  police  headquarters  in  the  borough  of  Manhattan,  and 
a  branch  office  thereof  shall  be  maintained  at  the  police 
headquarters  in  the  borough  of  Brooklyn,  and  other  branch 
offices  thereof  may  be  maintained  at  the  police  headquarters 
in  each  of  the  other  boroughs  into  which  The  City  of  New 
York  is  divided  by  this  act. 

No  member  of  department  to  be  interested  in  other  office. 

§  291.  Any  police  commissioner,  or  any  member  of  the 
police  force,  who  shall,  after  qualifying  in  office,  accept  any 
additional  place  of  public  trust,  or  civil  emolument,  or  who 
shall  during  his  term  of  office  be  publicly  nominated  for  any 
office  elective  by  the  people,  and  shall  not,  within  ten  days 
succeeding  the  same,  publicly  decline  the  said  nomination,  shall 
be  in  either  case  deemed  thereby  to  have  resigned  his  commis- 
sion and  to  have  vacated  his  office,  and  all  votes  cast  at  any 
election  for  any  person  holding  the  office  of  police  commis- 
sioner, or  within  thirty  days  after  he  shall  have  resigned  such 
office,  shall  be  void. 


124 


LAWS  OF  NEW  YORK. 


Police  commissioner;  duties  and  powers. 

§  292.  The  police  commissioner  shall  be  the  chief 
executive  officer  of  the  police  force.  He  shall  be  charge- 
able with  and  responsible  for  the  execution  of  al 
laws  and  the  rules  and  regulations  of  the  depart- 
ment. He  shall  assi-gn  to  duty  the  officers  and  mem- 
bers of  the  police  force,  and  shall  have  power  to  change 
such  assignments  from  time  to  time,  whenever,  in  his  judg- 
ment, the  exigencies  of  the  service  may  require  such  change. 
He  shall  have  power  to  suspend  without  pay,  pending  the 
trial  of  charges,  any  member  of  the  police  force.  If  any  mem- 
ber of  the  police  force  so  suspended  shall  not  be  convicted 
by  the  police  commissioner  of  the  charges  so  preferred,  he 
shall  be  entitled  to  full  pay  from  the  date  of  suspension,  not- 
withstanding such  charges  and  suspension.  Said  police  com- 
missioner may  grant  leaves  of  absence  to  members  of  the 
force  for  a  period  not  exceeding  five  days. 

Police  surgeons;  duties  and  districts. 

§  294.  The  duties  of  the  police  surgeons,  and  the  extent 
and  bounds  of  their  districts,  shall  be  assigned,  from  time  to 
time,  by  the  rules  and  regulations  of  the  pohce  commissioner. 
The  police  commissioner  may,  if  requested  by  the  depart- 
ment of  health,  designate  pohce  surgeons  to  aid  the  sanitary 
inspectors  in  the  discharge  of  their  duties,  under  such  regula- 
tions and  orders  as  the  pohce  commissioner  may  make  and 
issue. 

Payment  of  salaries  and  obligations  of  department. 

§  297.  The  comptroller  shall  pay  all  salaries  and  wages 
to  officers  and  members  of  the  poHce  department 
and  force,  as  established  by  and  in  pursuance  of 
law,  and  all  bills,  claims  and  obligations  lawfully 
incurred  by  or  by  authority  of  said  police  depart- 
ment in  the  same  manner  as  salaries  and  wages  and  bills, 
claims  and  obligations  of  other  departments  are  paid.  But  the 
comptroller  shall  pay  over  and  advance  from  time  to  time  to  the 
poHce  commissioner  such  portions  of  the  appropriation  made 
to  the  police  department  for  contingent  expenses,  not  ex 
ceeding  ten  thousand  dollars  at  any  one  time,  for  which 
requisition  may  be  made  by  said  police  commissioner.  The 
pohce  commissioner  shall  transmit  to  the  department  of 
finance  the  original  vouchers  for  the  payment  of  all  sums  of 


CHARTER  OF  NEW  YORK  CITY.  125 


money  disbursed  by  him  on  account  of  such  contingent  ex- 
penses, and  no  greater  sum  than  ten  thousand  dollars  in  ex- 
cess of  the  amount  duly  accounted  for  by  said  vouchers  shall 
be  advanced  to  said  police  commissioner  at  any  one  time. 
The  police  commissioner  shall  give  a  bond  of  ten  thousand 
dollars,  with  two  sufficient  sureties,  to  be  approved  by  the 
comptroller,  for  the  faithful  performance  of  the  duties  im- 
posed and  privileges  conferred  upon  him  by  this  section. 
The  police  commissioner  shall  procure  and  pay  for  all  print- 
ing, books,  blanks,  paper,  and  other  articles  of  stationery  re- 
quired for  the  administration  and  business  of  the  department 
and  each  bureau  thereof. 

Id.;  copy  of  minutes  when  evidence. 

§  298.  A  copy  of  the  minutes  of  the  police  commissioner 

or  of  any  part  of  said  minutes,  or  of  any  order  or 
resolution  of  said  commissioner,  or  of  the  rules  and 
regulations  established  by  said  commissioner,  when  certified 
by  the  police  commissioner  or  the  chief  clerk,  or  first  deputy 
clerk  of  said  police  department,  may  be  given  in  evidence 
upon  any  trial,  investigation,  hearing  or  proceeding  in  any 
court,  or  before  any  tribunal,  commissioner  or  commission- 
ers^ or  board,  with  the  same  force  and  effect  as  the  original. 

Salaries  of  officers  and  members  of  the  force. 

§  299.  The  annual  salaries  and  compensation  of  the  officers 
and  members  of  the  police  force  shall  be  as  follows,  to  wit: 
Of  each  inspector  of  police  who  was  heretofore  a 
deputy  chief  of  police,  as  provided  in  section  two  hundred 
and  seventy-six  of  this  act,  five  thousand  dollars;  of  each  in- 
spector of  police,  three  thousand  five  hundred  dollars;  of 
each  captain  of  police,  two  thousand  seven  hundred 
and  fifty  dollars;  of  each  poHce  surgeon,  three  thou- 
sand dollars;  of  each  sergeant  of  police,  including 
detective  sergeants,  two  thousand  dollars;  of  each 
doorman,  one  thousand  dollars;  of  each  roundsman,  one 
thousand  five  hundred  dollars;  and  the  grade  and  pay  or  com- 
pensation of  patrolmen  or  policemen  shall  be  as  follows,  to 
wit:  All  such  members  who  are  patrolmen  and  who  shall 
have  served  five  years  or  upwards  on  said  force,  shall  be  mem- 
bers of  the  first  grade.  All  such  members  who  shall  have 
served  on  such  force  for  less  than  five  years  and  more  than 
four  years  and  six  months,  shall  be  members  of  the  second 


126 


LAWS  OF  NEW  YORK. 


grade.  All  such  members  who  sliall  have  served  on  such  force 
for  less  than  four  years  and  six  months,  and  more  than  foiir 
years,  shall  be  members  of  the  third  grade.  All  such  mem- 
bers who  shall  have  served  on  such  force  for  less  than  four 
years  and  more  than  three  years,  shall  be  members  of  the 
fourth  grade.  All  such  members  who  shall  have  served  on 
such  force  for  less  than  three  years  and  more  than  two  years, 
shall  be  members  of  the  fifth  grade.  All  such  members  who 
shall  have  served  on  such  force  for  less  than  two  years  and 
more  than  one  year,  shall  be  members  of  the  sixth  grade. 
And  all  persons  appointed  patrolmen  on  or  after  the  first 
day  of  January,  eighteen  hundred  and  ninety-eight,  shall 
be  members  of  the  seventh  grade.  Whenever  any  mem- 
ber of  the  seventh  grade  shall  have  done  service  therein 
for  one  year,  he  shall  be  advanced  to  the  sixth  grade. 
Whenever  any  member  of  the  sixth  grade  shall  have  done 
service  therein  for  one  year,  he  shall  be  advanced  to  the  fifth 
grade.  Whenever  any  member  of  the  fifth  grade  shall  have 
done  service  therein  for  one  year,  he  shall  be  advanced  to  the 
fourth  grade.  Whenever  any  member  of  the  fourth  grade 
shall  have  done  service  therein  for  one  year,  he  shall  be  ad- 
vanced to  the  third  grade.  Whenever  any  member  of  the  third 
grade  shall  have  done  service  therein  for  six  months,  he  shall 
be  advanced  to  the  second  grade.  And  any  member  of  said 
force  who  shall  have  served  six  months  in  the  second  grade, 
shall  become  a  member  of  the  first  grade.  But  no  such  patrol- 
man shall  be  so  advanced  as  aforesaid,  except  after  examina- 
tion and  approval  by  the  poHce  commissioner  of  his 
record,  efficiency,  and  conduct.  The  annual  pay  or  compen- 
sation of  the  members  of  the  police  force  who  are  patrolmen, 
as  aforesaid,  shall  be  as  follows:  For  members  of  the  first 
grade,  at  the  rate  of  not  less  than  one  thousand  four  hundred 
dollars  each;  for  members  of  the  second  grade,  at  the  rate  of 
not  less  than  one  thousand  three  hundred  and  fifty  dollars 
each;  for  members  of  the  third  grade,  at  the  rate  of  not  less 
than  one  thousand  two  hundred  and  fifty  dollars  each;  for 
members  of  the  fourth  grade,  at  the  rate  of  not  less  than  one 
thousand  one  hundred  and  fifty  dollars  each;  for  members  of 
the  fifth  grade,  at  the  rate  of  not  less  than  one  thousand  dol- 
lars each;  for  members  of  the  sixth  grade,  at  the  rate  of  not 
less  than  nine  hundred  dollars  each;  for  members  of  the 
seventh  grade,  at  the  rate  of  not  less  than  eight  hundred  dollars 
each.  The  pay  or  compensation  aforesaid  shall  be  paid 
monthly  to  each  person  entitled  thereto,  subject  to  such  deduc- 


CHiARTEB  OF  KEW  YORK  CITY.  127 


tions  for  or  on  account  of  lost  time,  sickness,  disability,  ab- 
sence, tines,  or  forfeitures,  as  the  police  department  may,  by 
rules  and  regulations,  from  time  to  time  prescribe  or  adopt. 
Nothing  in  this  section  contained  shall  be  construed  to  change 
in  any  way  the  salaries  or  grading,  present  or  prospective,  oi 
the  patrolmen  or  policemen  who  are  or  become  members  of 
the  New  York  police  force  prior  to  January  first,  eighteen 
hundred  and  ninety-eight.  All  other  patrolmen  or  policemen 
of  the  various  police  forces  consolidated  into  a  single  force 
by  the  provisions  of  this  act,  shall  belong,  so  far  as  pay  or 
compensation  is  concerned,  to  the  grade  indicated  by  the  pay 
or  compensation  which  they  are  respectively  receiving  on  Jan- 
uary first,  eighteen  hundred  and  ninety-eight.  But  nothing 
in  this  section  contained  shall  be  construed  to  affect  in  any 
other  way  the  rights  and  privileges  secured  under  the  provi- 
sions of  this  act  to  the  members  of  the  various  police  forces 
consolidated  into  a  single  force  by  this  act.  The  date  for  the 
eligibility  of  any  member  of  the  forces  transferred  to  the  con- 
solidated force  by  sections  two  hundred  and  seventy-seven, 
two  hundred  and  seventy-eight,  two  hundred  and  seventy-nine 
and  two  hundred  and  eighty  of  this  act  for  advancement  to 
the  next  grade,  shall  be  the  day  of  the  year  on  which  he  was 
originally  appointed  to  the  force  from  which  he  was  trans- 
ferred; and  any  member  of  the  forces  so  transferred  not  a 
member  of  the  New  York  police  force  prior  to  January  first, 
eighteen  hundred  and  ninety-eight,  whose  salary  falls  between 
two  grades,  shall  receive  the  salary  of  and  be  assigned  to  the 
grade  next  above  the  salary  he  is  receiving  at  the  time  of 
transfer.  Salaries  of  all  officers  in  the  forces  so  transferred, 
other  than  officers  in  the  New  York  police  prior  to  January 
first,  eighteen  hundred  and  ninety-eight,  shall  be  equalized  on 
the  same  basis.  If  the  difference  in  pay  is  not  more  than  fifty 
dollars,  the  pay  shall  be  equalized  at  once.  If  the  difTerence 
is  more  than  fifty  dollars,  the  pay  shall  be  made  uniform  with- 
in three  years  by  equal  annual  additions. 

Police  commissioner;  rules,  etc.,  for  government  and  discipline  of 
police  department  and  police  force;  trials,  dismissals. 

§  300.  The  poHce  commissioner  is  authorized  and 
empowered  to  make,  adopt  and  enforce  rules,  orders  and  regu- 
lations for  the  government,  discipline,  administration  and 
disposition  of  the  police  department  and  police  force  and  the 
members  thereof.  He  shall  have  power  and  is  author- 
ized to  adopt  rules  and  regulations  for  the  examination,  hear- 


LAWS  OF  NEW  YOEK. 


ing,  investigation  and  determination  of  charges  made  or  pre 
ferred  against  any  member  or  members  of  the  said  poHce  force, 
but  no  member  or  members  of  the  poHce  force  ex- 
cept as  otherwise  provided  in  this  chapter  shall  be 
fined,  reprimanded,  removed,  suspended  or  dismissed  from 
the  police  force  until  written  charges  shall  have  been  made  or 
preferred  against  him  or  them,  nor  until  such  charges  have 
been  examined,  heard  and  investigated  before  the  police  com 
missioner  or  one  of  his  deputies,  upon  such  reasonable  notice 
to  the  member  or  members  charged,  and  in  such  manner  of 
procedure,  practice,  examination  and  investigation  as  the  said 
commissioner  may,  by  rules  and  regulations,  from  time  to 
time  prescribe.  The  trial  of  any  member  of  the  police  force 
upon  charges  shall  be  held  in  the  borough  within  which  the 
accused  member  was  serving  at  the  time  the  charge  was  pre- 
ferred. Any  member  of  the  police  force  who  may  here- 
after become  insane  or  of  unsound  mind,  so  as  to 
be  unable  or  unfit  to  perform  full  police  service  or 
duty,  may  be  removed  and  dismissed  from  the  police 
force  by  the  commissioner. 

Police  commissioner,  etc.,  may  issue  subpoenas;  who  may  administer 
oaths. 

§  301.  The  police  commissioner  and  his  deputies  shall 
have  power  to  issue  subpoenas,  attested  in  the  name  of  the 
police  commissioner,  and  to  exact  and  compel  obedience  to 
any  order,  subpoena  or  mandate  issued  by  them,  and  to  thai 
end  may  institute  and  prosecute  any  proceedings  or  action 
authorized  by  law  in  such  cases.  He  or  either  of  his  deputies 
may  in  proper  cases  issue  subpoenas  duces  tecum.  Such 
police  commissioner  may  devise,  make  and  issue  process  and 
forms  of  proceedings  to  carry  into  effect  any  powers  or  juris- 
diction possessed  by  him.  The  police  commissioner,  each 
of  his  deputies,  each  deputy  chief  of  police,  the  chief  clerk 
and  first  deputy  clerk  of  said  police  department  are 
hereby  authorized  and  empowered  to  administer  oaths 
and  affirmations  in  the  usual  or  appropriate  forms, 
to  any  person  in  any  matter  or  proceedings  authorized 
as  aforesaid,  and  in  all  matters  pertaining  to  the  police  depart- 
ment, or  the  duties  of  any  officer  or  other  person  in  matters 
of  or  connected  with  said  department  and  to  administer  oaths 
of  office  which  may  be  taken  or  required  in  the  administration 
or  affairs  of  said  department,  and  to  take  and  administer  oaths 
and  affirmations,  in  the  usual  or  appropriate  forms,  in  takin^; 


CHARTER  OF  NEW  YORK  CITY. 


120 


any  affidavit  or  deposition  which  may  be  necessary  or  required 
by  law  or  by  any  order,  rule,  or  regulation  of  the  police  com- 
missioner for  or  in  connection  with  the  official  pur- 
poses, affairs,  powers,  duties  or  proceedings  of  said  police 
department,  or  of  said  police  commissioner,  or  mem- 
ber of  the  police  force,  or  any  official  purpose  law- 
fully authorized  by  said  commissioner.  Any  person 
making  a  complaint  that  a  felony  or  misdemeanor  has 
been  committed  may  be  required  to  make  oath  or  affirmation 
thereto,  and  for  this  purpose  the  police  commissioner,  each 
of  his  deputies,  the  deputy  chiefs  of  police,  the  chief  clerk,  or 
deputy  clerks  of  the  police  department,  the  inspec- 
tors, captains  and  sergeants  of  police  shall  have  power  to 
administer  oaths  and  affirmations. 

Police  commissioner;  punishments  by;  limitations  of  suits  for  re^ 
instatements,  etc. 

§  302.  The  police  commissioner  shall  have  power, 
in  his  discretion,  on  conviction  by  him  or  by  any 
court  or  officer  of  competent  jurisdiction,  of  a  mem- 
ber of  the  force  of  any  criminal  offense,  or  neglect  of  duty, 
violation  of  rules,  or  neglect  or  disobedience  of  orders,  or 
absence  without  leave,  or  any  conduct  injurious  to  the  public 
peace  or  welfare,  or  immoral  conduct  or  conduct  unbecom- 
ing an  officer,  or  any  breach  of  discipline,  to  punish  the  of- 
fending party  by  reprimand,  forfeiting  and  withholding  pay 
for  a  specified  time,  suspension,  without  pay  during  such 
suspension,  or  by  dismissal  from  the  force ;  but  no  more  than 
thirty  days'  pay  or  salary  shall  be  forfeited  or  deducted  for 
any  offense.  All  such  forfeitures  shall  be  paid  forthwith  to 
the  treasurer  of  the  department  to  the  account  of  the  police 
pension  fund.  The  police  commissioner  is  also  au- 
thorized and  empowered,  in  his  discretion,  to  deduct 
and  withhold  pay,  salary  or  compensation  from  any  member 
or  members  of  the  police  force,  for  or  on  account  of  absence 
for  any  cause  without  leave,  lost  time,  sickness  or  other  disa- 
bility, physical  or  mental;  provided,  however,  that  the  pay, 
salary  or  compensation  so  deducted  and  withheld  shall  not, 
except  in  case  of  absence  without  leave,  exceed  one-half 
thereof  for  the  period  of  such  absence,  any  act  or  law  to  the 
contrary  notwithstanding;  and  said  police  commissioner 
is  authorized  and  empowered  from  time  to  time  to 
make  and  prescribe  rules  and  regulations  to  carry  into  effect 
and  enforce  the  provisions  of  this  section.    No  action,  suit 


130 


LAWS  OF  NEW  YOKK. 


or  proceeding,  either  at  law  or  in  equity,  shall  be  commenced 
or  maintained  against  the  police  department,  or  any  member 
thereof,  or  against  the  poHce  commissioner,  or  against  the 
mayor,  or  against  The  City  of  New  York  by  any 
member  or  officer,  or  former  member  or  oft'icer  of 
or  belonging  to  the  police  force  or  department  of 
said  city  to  recover  or  compel  the  payment  of  any 
salary,  pay,  money  or  compensation  for  or  on  account 
of  any  service  or  duty,  or  to  recover  any  salary,  compensa- 
tion or  moneys,  or  any  part  thereof  forfeited,  deducted  or 
withheld  for  any  cause,  unless  such  action,  suit  or 
proceedings  shall  be  commenced  within  two  years 
after  the  cause  of  action  shall  have  accrued;  pro- 
vided that  causes  of  action  or  proceedings  which  shall 
have  heretofore  accrued  may  be  begun  or  brought  within  six 
years  after  the  same  shall  have  accrued  and  within  two  years 
after  the  passage  of  this  act ;  but  nothing  in  this  section  con- 
tained shall  be  construed  or  held  to  extend  the  time  in  which 
causes  of  action  or  proceedings  which  shall  have  heretofore 
accrued  must  be  brought,  and  no  proceeding  shall  be  brought 
to  procure  the  restoration  or  reinstatement  to  said  police 
force  or  department  of  any  member  or  officer  thereof,  unless 
said  proceeding  shall  be  instituted  within  four  months  after 
the  decision  or  order  sought  to  be  reviewed.  Said  proceed- 
ing when  so  brought  shall  be  placed  upon  the  calendar  by 
the  party  instituting  the  same,  for  hearing,  for  a  term  of  the 
court  not  later  than  the  second  term  after  the  filing  of  the 
answer  or  return  in  said  proceeding,  and  of  service  of  notice 
of  said  filing  upon  the  party  instituting  said  proceeding. 
And  in  the  event  of  the  failure  of  the  party  instituting  the 
said  proceeding  to  place  the  said  proceeding  upon  the  said 
calendar,  then  the  said  proceeding  shall  be  dismissed  for  want 
of  prosecution  upon  application  to  that  effect  by  the  corpora- 
tion counsel,  unless  the  court  for  good  and  sufficient  cause 
shall  otherwise  order. 

Police  force;  resignations  and  absences  on  leave. 

§  303.  No  member  of  the  police  force,  under  penalty  of 
forfeiting  the  salary  or  pay  which  may  be  due  him.  shall  with- 
draw or  resign,  except  by  permission  of  the  police  commis- 
sioner. Absence,  without  leave,  of  any  member  of 
the  police  force  for  five  consecutive  days  shall  be  deemed 
and  held  to  be  a  resignation,  and  the  member  so  absent  shall, 
at  the  expiration  of  said  period  cease  to  be  a  member  of  the 


CHARTER  OF  NEW  YORK  CITY. 


131 


police  force  and  be  dismissed  tlierefiom  without  notice.  No 
leave  of  absence  exceeding  twenty  days  in  any  one  year  shall 
hereafter  be  granted  or  allowed  to  any  member  of  the  police 
force,  except  upon  the  condition  that  such  member  shall 
waive  and  release  not  less  than  one-half  of  all  salary,  pay  or 
compensation  and  claim  thereto  during  such  absence. 

Police  commissioner;  rewards  to  informers. 

§  305.  The  poHce  commissioner  shall  have  authority 
to  offer  rewards  to  induce  all  classes  of  persons  to 
give  information  which  shall  lead  to  the  detection,  arrest  and 
conviction  of  persons  guilty  of  homicide,  arson,  or  receiv- 
ing stolen  goods,  knowing  them  to  be  stolen :  and  to  pay 
such  rewards  to  such  persons  as  shall  give  such  information. 
But  no  such  reward  shall  be  offered  unless  there  be  an  amex- 
pended  appropriation  therefor  made  by  the  board  of  estimate 
and  apportionment,  which  shall  make  the  necessary  appro- 
priation for  such  purpose. 

Police  force;  gratuities  and  political  contributions  forbidden;  may  be 
permitted  to  obtain  rewards. 

§  306.  No  member  of  the  poHce  force  or  employe  of  the 
police  department  shall,  under  any  pretense  whatsoever, 
share  in,  for  his  own  benefit,  any  present,  fee,  gift  or  emolu- 
ment for  police  services,  or  for  services  of  the  police  depart- 
ment or  any  member  thereof,  additional  to  his  regular  sal- 
ary,, pay  or  compensation.  The  police  commissioner 
for  meritorious  and  extraordinary  services  rendered  by  any 
member  of  the  police  force  in  due  discharge  of  his-  duty,  may 
permit  such  member  of  the  poHce  force  to  retain  for  his  own 
benefit  any  reward  or  present,  or  some  part  thereof,  ten- 
dered him  therefor ;  and  it  shall  be  cause  for  removal  irom 
the  police  force  for  any  member  thereof  to  receive  any  such 
reward  or  present  without  notice  thereof  to  the  police  com- 
missioner. Upon  receiving  said  notice,  the  police 
commissioner  may  either  order  the  said  member  to 
retain  the  same,  or  shall  dispose  of  it  for  the  benefit  of  the 
police  pension  fund.  No  person  in  the  police  force 
shall  be  permitted  to  contribute  any  moneys,  directly 
or  indirectly,  to  any  political  fund,  or  to  join  or  be  or  become 
a  member  of  any  political  club  or  association  or  any  club  or 
association  intended  to  affect  legislation  for  or  on  behalf  of 
the  police  department  or  any  member  thereof,  or  to  con- 
tribute any  funds  for  such  purpose. 


LAWS  OF  NEW  YORK. 


Id.;  detail  of  policemen  at  polls. 

§  307.  It  shall  be  the  duty  of  the  police  commis- 
sioner to  detail,  or  to  cause  to  be  detailed  on  election  day,  at 
least  two  patrolmen  at  each  election  poll.  It  shall  be  the 
duty  of  the  poHce  force,  or  any  member  thereof,  to  prevent 
any  booth,  or  box,  or  structure  for  the  distribution  of  tickets 
at  any  election  from  being  erected  or  maintained  within  one 
hundred  and  fifty  feet  of  any  polling  place  within  the  city, 
and  summarily  to  remove  any  such  booth,  box  or  structure, 
or  to  close  and  prevent  the  use  thereof. 

Id.;  special  patrolmen;  when  may  be  appointed;  military  assistance. 

§  308.  The  police  commissioner  may,  upon  an  emerg- 
ency or  apprehension  of  riot,  tumult,  mob,  insurrection, 
pestilence  or  invasion,  appoint  as  many  special  patrolmen 
without  pay  from  among  the  citizens  as  he  may  deem 
desirable.  The  mayor,  or,  in  case  of  his  failure  so  to  do,  the 
governor  may  demand  the  assistance  of  the  militia  of  the  state 
within  the  city,  or  of  any  brigade,  regiment  or  company 
thereof,  by  order  in  writing  served  upon  the  commanding 
officer  of  any  brigade  and  such  commanding  officer  shall  obey 
such  order.  Special  patrolmen,  appointed  in  pursuance  of 
law,  may  be  dismissed  by  order  of  the  police  commis- 
sioner; and  while  acting  as  such  special  patrolmen  shall 
possess  the  powers,  perform  the  duties,  and  be  subject  to  the 
orders,  rules  and  regulations  of  the  police  department  in  the 
same  manner  as  regular  patrolmen.  Every  such  special  patrol- 
man shall  wear  a  badge,  to  be  prescribed  and  furnished  by  the 
police  commissioner.  No  transfer,  detail  or  assign- 
ment to  special  duty  of  any  member  of  the  police  force,  except 
in  cases  authorized  or  required  by  law,  shall  hereafter  be  made 
or  continued,  except  for  police  reasons  and  in  the 
interests  of  police  service;  provided,  however,  that  the 
police  commissioner  may,  whenever  the  exigencies  of 
the  case  require  it,  make  detail  to  special  duty  for 
a  period  not  exceeding  three  days,  at  the  expiration 
of  which  the  member  or  members  so  detailed  shall 
report  for  duty  to  the  officer  of  the  command  from  which  the 
detail  was  made.  The  police  commissioner,  when- 
ever expedient,  may  on  the  application  of  any  person  or  per- 
sons, corporation  or  corporations,  showing  the  necessity  there- 
for, appoint  and  swear  any  number  of  special  patrolmen  to  do 
special  duty  at  any  place  in  The  City  of  New  York  upon  the 


CHARTER  OF  NEW  YORK  CITY. 


133 


person  or  persons,  corporation  or  corporations  by  whom  the 
appHcation  shall  be  made,  paying,  in  advance  such 
special  patrolmen  for  their  services,  and  upon  such 
special  patrolmen,  in  consideration  of  their  appointment,  sign- 
ing an  agreement  in  writing  releasing  and  waiving  all  claim 
whatever  against  the  police  department  and  The  City  of  New 
York  for  pay,  salary  or  compensation  for  their  services  and 
for  all  expenses  connected  therewith;  but  the  special  patrol- 
men so  appointed  shall  be  subject  to  the  orders  of  the  chief  of 
police  and  shall  obey  the  rules  and  regulations  of  the  poHce 
department  and  conform  to  its  general  discipline  and  to  such 
special  regulations  as  may  be  made  and  shall  during  the 
term  of  their  holding  appointment  possess  all  the  powers  and 
discharge  all  the  duties  of  the  police  force,  applicable  to 
regular  patrolmen.  The  special  patrolmen  so  appointed  may 
be  removed  at  any  time  by  the  police  commissioner 
without  assigning  cause  therefor,  and  nothing  in  this  section 
contained  shall  be  construed  to  constitute  such  special  patrol- 
men members  of  the  police  force,  or  to  entitle  them  to  the 
privilege  of  the  regular  members  of  the  force,  or  to  receive 
any  salary,  pay,  compensation  or  moneys  whatever  from  the 
said  police  department  or  The  City  of  New  York,  or  to  share 
in  the  police  pension  fund. 

Police  commissioner;  detail  persons  to  attend  courts. 

§  309.  It  shall  be  the  duty  of  the  police  commissioner 
to  cause  some  intelligent  and  experienced  person  con- 
nected with  the  police  force  to  attend  at  the  courts  of  the  city 
in  cases  where  there  is  need  of  such  assistance,  who  shall,  to 
such  extent  as  the  rules  of  the  board  of  magistrates  may 
reasonably  require,  aid  in  bringing  the  facts  before  the  magis- 
trates in  proceedings  pending  in  such  police  courts. 

Police  department  to  co=operate  with  department  of  health. 

§310.  It  shall  be  the  duty  of  the  police  department  (and 
of  its  officers  and  men,  as  said  police  commissioner 
shall  direct)  to  promptly  advise  the  department  of  health  of 
all  threatened  danger  to  human  life  and  health,  and  of  all 
matters  thought  to  demand  its  attention,  and  to  regularly 
report  to  said  department  of  health  all  violations  of  its  rules 
and  ordinances,  and  of  the  health  laws,  and  all  useful  sanitary 
information.  Said  department  shall,  so  far  as  practicable 
and  appropriate,  co-operate  for  the  promotion  of  the  public 


184 


LAWS  OF  NEW  YORK. 


health  and  the  safety  of  human  Hfe  in  said  city.  It  shall  be 
the  duty  of  said  police  department,  by  and  through  its  proper 
officers,  agents  and  men,  to  faithfully  and  at  the  proper  time 
enforce  and  execute  the  sanitary  rules  and  regulations,  and 
the  orders  of  said  department  of  health  (made  pursuant  to 
the  power  of  said  department  of  health),  upon  the  same  being 
received  in  writing  and  duly  authenticated  as  said  department 
of  health  may  direct.  Said  police  department  is  authorized 
to  employ  and  use  the  appropriate  persons  and  means,  and  to 
make  the  necessary  expenditures  for  the  execution  and  en- 
forcement of  said  rules,  orders,  and  regulations,  and  such 
expenditures,  so  far  as  the  same  may  not  be  refunded  or  com- 
pensated by  the  means  herein  elsewhere  provided,  shall  be  paid 
as  the  other  expenses  of  said  department  of  health  are  paid. 
In  and  about  the  execution  of  any  order  of  the  department  of 
health,  or  of  the  police  department  made  pursuant  thereto, 
police  officers  and  policemen  shall  have  as  ample  power  and 
authority  as  when  obeying  any  order  of  or  law  applicable  to 
the  police  department;  but  for  their  conduct  they 
shall  be  responsible  to  the  police  department  and  not  to 
the  department  of  health.  The  department  of  health  may, 
with  the  consent  of  the  police  department,  impose  any  portion 
of  the  duties  of  subordinates  in  said  department  upon  subordi- 
nates in  the  police  department. 

Police  force;  arrests  for  violation  of  health  laws. 

§  311.  Any  member  of  the  police  force  may  arrest  without 
warrant  any  person  who  shall,  in  view  of  such  member,  violate, 
or  do,  or  be  engaged  in  doing  or  committing  in  said  city,  any 
act  or  thing  forbidden  by  chapter  nineteen  of  this  act,  or  by  any 
law  or  by  any  ordinance  the  authority  to  enact  which  is  given 
by  this  act  or  any  other  statute  or  who  shall,  in  such  presence, 
resist  or  be  engaged  in  resisting  the  lawful  enforcement  of  any 
such  law  or  ordinance  or  any  official  order  made  pursuant  to 
any  statute  of  this  state.  And  any  person  so  arrested  shall 
thereafter  be  treated,  disposed  of  and  punished  as  any  other 
person  duly  arrested  for  a  misdemeanor  unless  other  provision 
is  made  for  the  case  by  law. 

Id.;  detail  of  officers  and  men  to  assist  department  of  health. 

§  312.  The  police  commissioner,  upon  the  requi- 
sition of  the  board  of  health,  shall  detail  to  the  service  of  the 
said  department  of  health  for  the  purpose  of  the  enforcement 


CHARTER  OF  NEW  YORK  CITY. 


135 


of  the  provisions  of  the  sanitary  code,  and  of  the  acts  relating 
to  tenement  and  lodging  houses,  not  less  than  fifty  nor  more 
than  one  hundred  suitable  officers  and  men  of  experience  of  at 
least  five  years'  service  in  the  police  force.  At  least  thirty 
of  the  officers  and  men  so  detailed  shall  be  em- 
ployed exclusively  in  the  enforcement  of  the  laws  relating  to 
tenement  and  lodging  houses.  These  officers  and  men  shall 
belong  to  the  sanitary  company  of  police,  and  shall  report  to 
the  board  of  health.  The  board  of  health  may  report  back  to 
the  police  department  for  punishment  any  member  of  said  com- 
pany guilty  of  any  breach  of  order  or  discipline,  or  of  neglect- 
ing his  duty,  and  thereupon  the  police  commissioner  shall 
detail  another  officer  or  man  in  his  place,  and  the  disci- 
pline of  the  said  members  of  the  sanitary  company  shall  be 
in  the  jurisdiction  of  the  police  department,  but  at  any  time 
the  board  of  health  may  object  to  any  member  of  said  sanitary 
company  on  the  ground  of  inefficiency,  and  thereupon  another 
officer  or  man  shall  be  detailed  in  his  place. 

Id.;  detail  of  officers  and  men  to  assist  the  department  of  public  parks. 

§313.  The  police  commissioner,  upon  the  requisition  of 
the  park  board,  shall  from  time  to  time  detail  to  the  service 
of  the  department  of  parks,  for  the  enforcement  of  the  park 
ordinances  and  for  the  maintenance  of  good  order  in  the 
parks,  so  many  suitable  officers  and  men  as  in  the  judgment 
of  the  police  commissioner  are  necessary.  Such  officers  and 
men  shall  continue  to  be  in  all  respects  an  integral  part  of  the 
police  force  of  the  city  and  shall  be  paid  out  of  the  funds  appro- 
priated for  the  support  of  the  police  department.  These  offi- 
cers and  men  shall  constitute  the  park  police  so  long  as  their 
detail  lasts,  and  shall  report  to  the  park  commissioner  in  charge 
of  the  parks  in  which  they  serve.  Each  commissioner  of  parks 
may  report  back  to  the  police  department  for  punishment  any 
member  of  said  park  police  force  guilty  of  any  breach  of  orders 
or  discipline,  or  of  neglecting  his  duty,  and  thereupon  the 
police  commissioner  may  detail  another  officer  or  man  in  his 
place;  and  the  discipline  of  the  said  members  of  the  park 
police  shall  be  in  the  jurisdiction  of  the  police  department, 
but  at  any  time  either  commissioner  of  parks  may  object  to 
the  inefficiency  of  any  member  of  said  park  police  serving  in 
any  park  under  his  charge  and  thereupon  another  officer  or 
man  may  be  detailed  in  his  place. 


136 


LAWS  OF  NEW  YORK. 


Id.;  detail  of  officers  and  men  to  assist  the  department  of  bridges. 

§314.  The  police  commissioner,  upon  the  requisition  of 
the  commissioner  of  bridges  shall  from  time  to  time 
detail  to  the  service  of  the  department  of  bridges  for  the 
enforcement  of  the  ordinances  regulating  travel  over  any  of 
the  bridges  and  for  the  maintenance  of  good  order  thereon, 
so  many  suitable  officers  and  men  as  in  the  judgment  of  the 
police  commissioner  are  necessary.  Such  officers  and 
men  shall  continue  to  be  in  all  respects  an  integral 
part  of  the  police  force  of  the  city  and  shall  be  paid  out  of  the 
funds  appropriated  for  the  support  of  the  police  department. 
These  officers  and  men  shall  constitute  the  bridge  police  so 
long  as  their  detail  lasts,  and  shall  report  to  the  commissioner 
of  bridges.  The  commissioner  of  bridges  may  report  back 
to  the  police  commissioner  for  punishment  any  member  of 
said  bridge  police  force  guilty  of  any  breach  of  orders  or 
discipline,  or  of  neglecting  his  duty,  and  thereupon  the  police 
commissioner  may  detail  another  officer  or  man  in  his  place; 
and  the  discipline  of  the  said  members  of  the  bridge  police 
shall  be  in  the  jurisdiction  .of  the  police  department,  but  at 
any  time  the  commissioner  of  bridges  may  object  to  the  in- 
efficiency of  any  member  of  said  bridge  police  and  thereupon 
another  officer  or  man  may  be  detailed  in  his  place. 

Id.;  duties  of. 

§  315.  It  is  hereby  made  the  duty  of  the  police  department 
and  force,  at  all  times  of  day  and  night,  and  the  members  of 
such  force  are  hereby  thereunto  empowered,  to  especially  pre- 
serve the  public  peace,  prevent  crime,  detect  and  arrest 
offenders,  suppress  riots,  mobs  and  insurrections,  disperse 
unlawful  or  dangerous  assemblages,  and  assemblages  which 
obstruct  the  free  passage  of  public  streets,  sidewalks,  parks 
and  places;  protect  the  rights  of  persons  and  property,  guard 
the  public  health,  preserve  order  at  elections  and  all  public 
meetings  and  assemblages;  regulate  the  movement  of  teams 
and  vehicles  in  streets,  bridges,  squares,  parks  and  public 
places,  and  remove  all  nuisances  in  the  public  streets,  parks 
and  highways;  arrest  all  street  mendicants  and  beggars;  pro- 
vide proper  police  attendance  at  fires ;  assist,  advise,  and  protect 
emigrants,  strangers  and  travelers  in  public  streets,  at  steam- 
boat and  ship  landings,  and  at  railroad  stations;  carefully 
observe  and  inspect  all  places  of  public  amusement,  all  places 
of  business  having  excise  or  other  licenses  to  carry  on  any 


CHARTER  OF  NEW  YORK  CITY.  137 


business;  all  houses  of  ill-fame  or  prostitution,  and  houses 
where  common  prostitutes  resort  or  reside;  all  lottery  offices, 
policy  shops,  and  places  where  lottery  tickets  or  lottery  poli- 
cies are  sold  or  offered  for  sale ;  all  gambling-houses,  cock-pits, 
rat-pits,  and  public  common  dance-houses,  and  to  repress  and 
restrain  all  unlawful  and  disorderly  conduct  or  practices  there- 
in; enforce  and  prevent  the  violation  of  all  laws  and  ordi- 
nances in  force  in  said  city ;  and  for  these  purposes,  to  arrest  all 
persons  guilty  of  violating  any  law  or  ordinance  for  the  sup- 
pression or  punishment  of  crimes  or  offenses. 

Id.;  general  powers  over  certain  trades. 

§  316.  The  police  commissioner  and  each  of  his  deputies 
and  each  deputy  chief  of  poHce,  and  each  inspector 
in  his  district,  and  each  captain  of  poHce  within  his 
precinct  shall  possess  powers  of  general  police  su- 
pervision and  inspection  over  all  licensed  or  unlicensed  pawn- 
brokers, venders,  junkshop  keepers,  junk-boatinen,  cart- 
men,  dealers  in  second-hand  merchandise,  intelligence-office 
keepers,  and  auctioneers,  within  the  said  city ;  and  in  the  ex- 
ercise of  said  supervision,  may  from  time  to  time  empower 
members  of  the  police  force  to  fulfill  such  special  duties  in  the 
aforesaid  premises  as  may  be  from  time  to  time 
ordained  by  the  police  board.  Thu  said  police  com- 
missioner and  each  of  his  deputies  and  each  deputy 
chief  of  police,  and  each  inspector  in  his  district  and  each 
captain  within  his  precinct,  may,  by  authority  in  writing,  em- 
power any  member  of  the  poHce  force,  whenever  such  mem- 
ber shall  be  in  search  of  property  feloniously  obtained,  or  in 
search  of  suspected  offenders,  or  evidence  to  convict  any  per- 
son charged  with  crime,  to  examine  the  books  of  any  pawn- 
broker, or  his  business  premises,  or  the  business  premises  of 
any  licensed  vender,  or  licensed  junk-shop  keeper,  or  dealer 
in  second-hand  merchandise,  or  intelligence-office  keeper,  or 
auctioneer,  or  boat  of  any  junk-boatman,  and  to  examine  prop- 
erty alleged  to  be  pawned,  pledged,  deposited,  lost  or  stolen, 
in  whosesoever  possession  said  property  may  be;  but  no  such 
property  shall  be  taken  from  the  possessor  thereof  without 
due  process  or  authority  of  law. 

Id.;  may  examine  pawnbrokers'  books. 

§  317.  The  police  commissioner,  each  of  his  deputies,  the 
inspectors  of  police,  and  captains  of  police  and  persons  acting 


138 


LAWS  OF  NEW  YOKK. 


by  their,  or  by  either  of  their  orders,  shall  have  power  to  ex- 
amine the  books  of  any  pawnbroker,  his  clerk  or  clerks,  if 
they  deem  it  necessary,  when  in  search  of  stolen  property,  and 
any  person  having  in  his  possession  a  pawnbroker's  ticket 
shall,  when  accompanied  by  a  policeman,  or  by  an  order  from 
the  police  commissioner  or  either  of  his  deputies,  or  an  in- 
spector of  police,  or  a  captain  of  police,  be  allowed  to 
examine  the  property  purporting  to  be  pawned  by  said 
ticket;  but  no  property  shall  be  removed  from  the  pos- 
session of  any  pawnbroker  without  the  process  of  law  re- 
quired by  the  existing  laws  of  this  state,  or  the  laws  and  ordi- 
nances of  the  city  regulating  pawnbrokers.  A  refusal  or 
neglect  to  comply  in  any  respect  with  the  provisions  of  this 
section,  on  the  part  of  any  pawnbroker,  his  clerk  or  clerks, 
shall  be  deemed  a  misdemeanor,  and  punishable  as  such. 

Id.;  suppression  of  gaming  and  other  houses. 

§  318.  If  any  two  or  more  householders  shall  report  in 
writing,  under  their  signature,  to  the  police  commissioner 
or  to  a  deputy  police  commissioner,  that  there  are 
good  grounds  (and  stating  the  same)  for  believing 
any  house,  room  or  premises  within  the  said  city  to 
be  kept  or  used  as  a  common  gambHng-house  com- 
mon gaming-room,  or  common  gaming  premises,  for  therein 
playing  for  wagers  of  money  at  any  game  of  chance,  or  to  be 
kept  or  used  for  lewd  and  obscene  purposes  or  amusements, 
or  the  deposit  or  sale  of  lottery  tickets  or  lottery  policies, 
it  shall  be  lawful  for  the  police  commissioner  or 
either  of  his  deputies  or  a  deputy  chief  of  po'ice 
to  authorize,  in  writing,  any  member  or  members  of 
the  police  force  to  enter  the  same,  who  may  forthwith 
arrest  all  persons  there  found  offending  against  law,  but  none 
others;  and  seize  all  implements  of  gaming,  or  lottery  tickets, 
or  lottery  policies,  and  convey  any  person  so  arrested  before 
a  magistrate,  and  bring  the  articles  so  seized  to  the  office  of 
the  property  clerk.  It  shall  be  the  duty  of  the  said 
police  commissioner  or  deputy  police  commissioner  or 
deputy  chief  of  police  to  cause  such  arrested  person  to 
be  rigorously  prosecuted,  and  such  articles  seized  to  be 
destroyed,  as  the  orders,  rules  and  regulations  of  the  police 
commissioner  shall  direct. 


CHARTER  OF  NEW  YOKK  CITY. 


139 


Police  commissioner;  to  furnish  station  houses,  etc.,  and  fix  boun- 
daries of  precincts;  headquarters. 

§  320.  The  police  commissioner  shall  from  time  to 
time  with  the  authority  of  the  commissioners  of  the 
sinking  fund,  establish,  provide  and  furnish  stations 
and  station  houses,  or  sub-stations  and  sub-station 
houses,  at  least  one  to  each  precinct,  for  the  accommodation 
thereat  of  members  of  the  police  force,  and  as  places  of  tem- 
porary detention  for  persons  arrested  and  property  taken 
within  the  precinct;  and  shall  also  provide  and  furnish  such 
business  accommodations,  apparatus  and  articles,  and  pro- 
vide for  the  care  thereof,  as  shall  be  necessary  for  the  depart- 
ment of  police  and  the  transaction  of  the  business  of  the  de- 
partment. The  said  police  commissioner  is  hereby 
authorized  and  empowered  to  furnish  horses  and  wagons,  to 
be  known  as  patrol  wagons,  which  said  horses  and  wagons 
shall  be  under  the  custody,  control  and  care  of  said  police  de- 
partment, for  the  exclusive  use  thereof.  The  board  of  esti- 
mate and  apportionment  and  the  board  of  aldermen 
are  directed  to  appropriate  a  sufficient  sum  money 
in  each  and  every  year,  for  the  purpose  of  fur- 
nishing such  horses,  wagons  and  apparatus  connected  there- 
with, and  the  maintenance  thereof,  and  for  the  other  pur- 
poses authorized  by  this  section.  The  number  and  bounda- 
ries of  the  precincts  shall  be  fixed  by  the  police  commis- 
sioner. There  may  be  one  headquarters  or  central  station, 
established  and  located  by  said  police  commissioner  in  any 
borough  into  which  The  City  of  New  York  is  divided  by  this 
act.  The  said  police  commissioner  shall  apply  to  and  use 
for  the  purposes  mentioned  in  this  section,  the  property  and 
premises  which  shall  come  into  his  possession,  or  under  his 
control,  by  virtue  of  section  two  hundred  and  seventy-five  of 
this  act,  so  far  as  suitable  for  the  purpose  in  his  judgment, 
and  available  therefor. 

Id.;  to  provide  accommodations  for  detention  of  witnesses. 

§  321.  The  police  commissioner  shall,  where  not  othenvise 
provided  by  law,  and  as  authorized  by  the  board 
aldermen,  provide  suitable  accommodations  and  sup- 
plies for  the  detention  of  witnesses  who  are  unable 
to  furnish  security  for  their  appearance  in  criminal 
proceedings,  other  than  children  actually  or  apparently  under 
the  age  of  sixteen  years,  to  be  called  the  house  for  the  deten- 
tion of  witnesses;  and  such  accommodation  shall  be  in  prem- 


140 


LAWS  OF  NEW  YORK, 


ises  other  than  those  employed  for  the  confinement  of  persons 
charged  with  crime,  fraud  or  disorderly  conduct.  And  it  shall 
be  the  duty  of  all  magistrates,  when  committing  witnesses  in 
-default  of  bail,  to  commit  them  to  such  house  for  detention 
of  witnesses.  The  board  of  estimate  and  apportionment  and 
the  board  of  aldermen  shall  in  each  and  every  year  appropri- 
ate a  sufificient  sum  of  money  to  defray  the  expenses  author- 
ized by  this  section.  And  said  police  commissioner  shall  ap- 
ply to  and  use  for  such  purposes  the  property  and  premises 
which  shall  come  into  his  possession  or  under  his  control  by 
section  two  hundred  and  seventy-five  of  this  act,  so  far  as  the 
same  may  be  available,  and,  in  his  judgment,  suitable  therefor. 

Id.;  may  maintain  and  operate  telegraph  and  telephone  lines,  and  use 
same  in  assisting  department  of  health. 

§  323.  The  police  commissioner  shall  have  power  to 
erect,  operate,  supply  and  maintain,  under  the  general  laws  of 
the  state  relating  to  telegraphs,  all  such  lines  of  telegraph  and 
telephone  to  and  between  such  places  in  the  city  as  for  the  pur- 
poses and  business  of  the  police  the  commissioner  shall  deem 
necessary.  The  police  commissioner  may  procure  all  instru- 
ments, fixtures,  property  and  materials  for  the  purpose  above 
mentioned,  and  control  the  same,  but  the  cost  thereof  shall  be 
chargeable  to  general  expenses  of  police.  The  police  com- 
missioner is  hereby  permitted  to  use  the  said  telegraph  and 
telephone  lines  to  aid  him  in  facilitating  the  operations  of  the 
department  of  health,  and  when  so  used,  the  expense  thereof 
shall  be  charged  to  the  said  department  of  health. 

Id.;  may  use  boats;  establish  mounted  patrol,  sell  old  property,  etc. 

§  324.  In  the  performance  of  police  service  in  any  precinct 
or  precincts,  comprising  waters  of  the  harbor,  the  police  com- 
missioner may  procure  and  use  and  employ  such  rowboats, 
steamboats,  and  boats  propelled  by  other  power  as  shall  be 
deemed  necessary  and  proper.  In  rural  or  sparsely  inhab- 
ited precincts  he  may  establish  a  mounted  patrol  and  pro- 
cure and  use  and  employ  so  many  horses  and  equip- 
ments as  shall  be  requisite  for  the  purpose;  and  he  shall 
procure  and  cause  to  be  used  teams  and  vehicles  to  transport 
prisoners,  supplies  and  property,  whenever  the  use  of  teams 
and  vehicles  for  such  purposes  shall  be  proper  and  tend  to 
preserve  the  public  peace  and  decency.  The  police  commis- 
sioner may  sell  and  dispose  of,  in  accordance  with  law,  any 


CHARTER  OF  NEW  YORK  CITY.  141 


personal  property  owned  or  used  in  the  department,  when- 
ever such  property  shall  have  become  old  and  unfit  and  shall 
not  be  required  for  service,  and  he  shall  have  authority  to 
detail  and  employ  patrolmen  in  any  duty  or  service,  other 
than  patrol  duty,  which  may  be  necessary  and  proper  to  enable 
the  department  to  exercise  the  powers  and  perform  the  duties 
and  business  imposed  and  required  by  law. 

Stolen  property;  property  clerk;  employment  of  and  duties. 

§  331.  The  police  commissioner  shall  employ  some  per- 
son as  clerk,  who  shall  be  designated  property  clerk,  to 
take  charge  of  all  property  alleged  to  be  stolen  or  embezzled, 
and  which  may  be  brought  into  the  police  office,  and  all  prop- 
erty taken  from  the  person  of  a  prisoner,  and  all  property  or 
money  alleged  or  supposed  to  have  been  feloniously  obtained, 
or  which  shall  be  lost  or  abandoned,  and  which  shall  be  taken 
into  the  custody  of  any  member  of  the  police  force  or  criminal 
court  in  The  City  of  New  York,  or  which  shall  come  into  the 
custody  of  any  magistrate  or  officer,  shall  be,  by  such  member 
or  magistrate,  or  by  order  of  said  court,  given  into  the  custody 
of  and  kept  by  the  said  property  clerk.  All  such  property  and 
money  shall  be  described  and  registered  by  said  property  clerk 
in  a  book  kept  for  that  purpose,  which  shall  contain  the  name 
of  the  owner  or  claimant  if  ascertained,  the  place  where  found, 
the  name  of  the  person  from  whom  taken,  with  the  general 
circumstances,  the  date  of  its  receipt,  the  name  of  the  officer 
recovering  the  same,' a  description  thereof,  the  names  of  all 
claimants  thereto,  and  any  final  disposition  of  such  property 
or  money.  The  said  police  commissioner  may  prescribe  reg- 
ulations in  regard  to  the  duties  of  the  clerk  so  desig- 
nated, and  require  and  take  security  for  the  faithful  perform- 
ance of  the  duties  imposed  by  this  section,  but  all  animals 
strayed,  lost  or  stolen,  which  shall  come  into  the  possession  of 
the  said  property  clerk  shall  by  him  be  transferred  and  sent  to 
the  public  pound,  in  said  city,  anything  herein  contained  to 
the  contrary  notwithstanding. 

Id.;  return  of  property  to  person  accused. 

§  332.  Whenever  property  or  money  taken  from  any  person 
arrested  shall  be  alleged  to  have  been  feloniously  obtained,  or 
to  be  the  proceeds  of  crime,  and  brought,  with  all  ascertained 
claimants  thereof,  and  the  person  arrested,  before  some  magis- 
trate for  adjudication,  and  the  magistrate  shall  be  then  and 


142 


LAWS  OF  NEW  YORK. 


there  satisfied  from  evidence  that  the  person  arrested  is  inno- 
cent of  the  offense  alleged^  and  that  the  property  rightfully 
belongs  to  him,  then  said  magistrate  may  thereupon,  in  writ- 
ing, order  such  property  or  money  to  be  returned,  and  the 
property  clerk,  if  he  have  it,  to  deliver  such  property  or  money 
to  the  accused  person  himself,  and  not  to  any  attorney,  agent, 
or  clerk  of  said  accused  person. 

Id.;  claim  to  by  another  person. 

§  333.  If  any  claim  to  the  ownership  of  such  property  or 
money  shall  be  made  on  oath  before  the  magistrate,  by  or  in 
behalf  of  any  other  persons  than  the  person  arrested,  and  the 
said  accused  person  shall  be  held  for  trial  or  examination,  such 
property  or  money  shall  remain  in  the  custody  of  the  property 
clerk  until  the  discharge  or  conviction  of  the  person  accused 
and  until  lawfully  disposed  of. 

Unclaimed,  lost,  stolen,  etc.,  property,  to  be  registered  and  advertised. 

§  334.  All  property  or  money  taken  on  suspicion  of  having 
been  feloniously  obtained,  or  of  being  the  proceeds  of  crime, 
and  for  which  there  is  no  other  claimant  than  the  person  from 
whom  such  property  was  taken,  and  all  lost  property  coming 
into  the  possession  of  any  member  of  the  said  police  force,  and 
all  property  and  money  taken  from  pawnbrokers  as  the  pro- 
ceeds of  crime,  or  by  any  such  member  from  persons  supposed 
to  be  insane,  intoxicated  or  otherwise  incapable  of  taking  care 
of  themselves,  shall  be  transmitted,  as  ^oon  as  practicable,  to 
the  property  clerk,  to  be  registered  and  advertised  in  the  City 
Record  for  the  benefit  of  all  persons  interested,  and  for  the 
information  of  the  public,  as  to  the  amount  and  disposition  of 
the  property  so  taken  into  custody  by  the  police. 

Id.;  to  be  sold  if  unclaimed. 

§  335.  If  the  property  stolen  or  embezzled  be  not  claimed  by 
the  owner,  before  the  expiration  of  six  months  from  the  con- 
viction of  a  person  for  stealing  or  embezzling  it,  the  officer 
having  it  in  his  custody  must,  on  payment  of  the  necessary 
expenses  incurred  in  its  preservation,  deliver  the  same  to  the 
property  clerk.  The  property  so  delivered  to  said  property 
clerk,  and  all  such  other  property,  securities,  moneys,  things, 
or  choses  in  action,  that  shall  remain  in  the  custody  of  the 
property  clerk  for  the  period  of  six  months  without  any  lawful 
claimant  thereto,  after  having  been  advertised  in  the  City 


CHARTER  OF  NEW  YORK  CITY. 


143 


Record  for  the  period  of  ten  days,  may  be  sold  at  public  auction 
in  a  suitable  room  to  be  designated  for  such  purpose,  and  the 
proceeds  of  such  sale  shall  be  paid  into  the  police  pension  fund. 
No  property  shall  be  delivered  to  the  property  clerk  or  at  the 
central  office  of  the  police  department,  except  as  provided  by 
law. 

Stolen  property  desired  as  evidence  in  criminal  court. 

§  336.  If  any  property  or  money  placed  in  the  custody  of 
the  property  clerk  shall  be  desired  as  evidence  in  any  police  or 
other  criminal  court,  such  property  shall  be  delivered  to  any 
officer  who  shall  present  an  order  to  that  effect  from  such 
court.  Such  property,  however,  shall  not  be  retained  in  said 
court,  but  shall  be  returned  to  such  property  clerk  to  be  dis- 
posed of  according  to  the  previous  provisions  of  this  chapter. 

Police  force;  arrests  without  warrant. 

§  337.  The  several  members  of  the  police  force  shall  have 
power  and  authority  to  immediately  arrest,  without  warrant, 
and  to  take  into  custody,  any  person  who  shall  commit,  or 
threaten,  or  attempt  to  commit,  in  the  presence  of  such  mem- 
ber, or  within  his  view,  any  breach  of  the  peace  or  offense 
directly  prohibited  by  act  of  the  legislature,  or  by  any  ordi- 
nance made  by  lawful  authority.  The  members  of  the  police 
force  shall  possess  in  The  City  of  New  York  and  in  every  part 
of  this  state,  all  the  common  law  and  statutory  powers  of  con- 
stables, except  for  the  service  of  civil  process,  and  any  warrant 
for  search  or  arrest,  issued  by  any  magistrate  of  this  state, 
may  be  executed,  in  any  part  thereof,  b}^  any  member  of  the 
police  force,  and  all  the  provisions  of  sections  seven,  eight  and 
nine  of  chapter  two,  title  two,  part  four  of  the  revised  statutes, 
in  relation  to  the  giving  and  taking  of  bail,  shall  apply  to  this 
chapter. 

Id.;  returns  of  arrests;  accused  to  be  taken  before  magistrate. 

§  338.  In  every  case  of  arrest  by  any  member  of  the  police 
force,  the  same  shall  be  made  known  immediately  to  the 
superior  on  duty  in  the  precinct  wherein  the  arrest  was  made, 
by  the  person  making  the  same ;  and  it  shall  be  the  duty  of  the 
said  superior,  within  twenty-four  hours  after  such  notice,  to 
make  written  return  thereof,  according  to  the  rules  and  regu- 
lations of  the  police  department,  with  the  name  of  the  party 
arrested,  the  alleged  offense,  the  time  and  place  of  arrest,  and 


144 


LAWS  OF  NEW  YORK. 


the  place  of  detention.  Each  member  of  the  police  force, 
under  the  penalty  of  ten  days'  fine,  or  dismissal  from  the  force, 
at  the  discretion  of  the  police  commissioner  shall,  im- 
mediately upon  an  arrest,  convey  in  person  the  offender 
before  the  nearest  sitting  magistrate,  that  he  may  be  dealt 
with  according  to  law.  If  the  arrest  is  made  during  the  hours 
that  the  magistrate  does  not  regularly  hold  court,  or  if  the 
magistrate  is  not  holding  .court,  such  offender  may  be  detained 
in  a  precinct  or  station-house  thereof,  until  the  next  regular 
public  sitting  of  the  magistrate,  and  no  longer,  and  shall  then 
be  conveyed  without  delay  before  the  magistrate,  to  be  dealt 
with  according  to  law.  And  it  shall  be  the  duty  of  the 
said  police  commissioner,  from  time  to  time,  to  provide 
suitable"  rules  and  regulations  to  prevent  the  undue  detention 
of  persons  arrested,  which  rules  and  regulations  shall  be  as 
operative  and  binding  as  if  herein  specially  enacted,  subject, 
however,  to  the  order  of  the  court  committing  the  person 
arrested. 

Penalty  for  personating  policeman,  and  for  willful  neglect  of  police. 

§  339-  It  shall  be  a  misdemeanor,  punishable  by  imprison- 
ment in  the  penitentiary  for  not  less  than  one  year,  nor  exceed- 
ing two  years,  or  by  a  fine  of  not  less  than  two  hundred  and 
fifty  dollars,  or  the  forfeiture  of  his  position,  for  any  member 
of  the  police  force  to  wilfully  neglect  to  make  any  arrest  for 
an  offense  against  the  law  of  the  state,  or  any  ordinance  in 
force  in  The  City  of  New  York,  and  it  shall  be  a  misde- 
meanor, punishable  in  like  manner,  for  any  person  not  a  mem- 
ber of  the  police  force  to  falsely  represent  himself  as  being 
such  a  member,  with  a  fraudulent  design  upon  persons  or 
property,  or  upon  any  day  or  time  to  have,  use,  wear  or  dis- 
play, without  specific  authority  from  the  police  department, 
any  uniform,  shield,  buttons,  wreaths,  numbers  or  other 
insignia  or  emblems  in  any  wise  resembling  such  as  are  worn 
by  members  of  the  police  force ;  and  the  said  police  department 
is  hereby  authorized  and  directed,  from  time  to  time,  to  pre- 
scribe the  uniform,  shields,  emblems,  insignia  and  weapons  to 
be  worn,  displayed  and  used,  and  to  regulate  the  wearing,  dis- 
play and  use  thereof,  by  any  and  all  persons,  excepting  mar- 
shals and  the  sheriff,  his  under  sheriff  and  deputies  authorized 
under  the  laws  of  this  state,  to  make  arrests  for  any  cause  in 
The  City  of  New  York. 


CHARTER  OF  NEW  YORK  CITY. 


145 


Misdemeanor  for  persons   not  members  of  police   force  to  serve 
criminal  process. 

§  340.  It  shall  be  a  misdemeanor  for  any  person  not  being  a 
regular  member  of  the  police  established  in  any  city  of  this 
state,  or  a  member  of  the  police  force  of  The  City  of  New 
York,  or  a  constable  of  this  state,  or  a  police  constable,  or 
assistant  police  constable,  or  United  States  marshal,  or  other 
peace  officer  of  this  state,  or  a  sheriff,  or  one  of  the  usual  gen- 
eral deputies  of  any  sheriff  of  this  state,  to  serve  any  criminal 
process  within  the  said  city. 

Exemption  from  military  and  jury  duty,  and  civil  process. 

§  341.  No  person  holding  office  under  this  department 
shall  be  liable  to  military  or  jury  duty,  and  no  officer  or  pa- 
trolman while  actually  on  duty  shall  be  liable  to  arrest  on  civil 
process,  or  to  service  of  subpoena  from  civil  courts. 

Steam  boilers;  inspection  of;  not  to  be  operated  without  certificate. 

§  342.  Every  owner,  agent  or  lessee  of  a  steam  boiler  or 
boilers  in  use  in  The  City  of  New  York  shall  annually,  and 
at  such  convenient  times  and  in  such  manner  and  in  such 
form  as  may,  by  rules  and  regulations  to  be  made  there- 
for by  the  police  commissioner  be  provided,  report  to 
the  said  department  the  location  of  each  steam  boiler  or 
boilers,  and  thereupon,  and  as  soon  thereafter  as  practicable, 
the  sanitary  company  or  such  member  or  members  thereof 
as  may  be  competent  for  the  duty  herein  described,  and 
may  be  detailed  for  such  duty  by  the  poHce  commissioner 
shall  proceed  to  inspect  such  steam  boilers,  and  all  apparatus 
and  appliances  connected  therewith;  but  no  person  shall  be 
detailed  for  such  duty  except  he  be  a  practical  engineer,  and 
the  strength  and  security  of  each  boiler  shall  be  tested  by 
atmospheric  and  hydrostatic  pressure  and  the  strength  and 
security  of  each  boiler  or  boilers  so  tested  shall  have,  under 
the  control  of  said  sanitary  company,  such  attachments,  ap- 
paratus and  appliances  as  may  be  necessary  for  the  limitation 
of  pressure,  locked  and  secured  in  like  manner  as  may  be 
from  time  to  time  adopted  by  the  United  States  inspectors 
of  steam  boilers  or  the  secretary  of  the  treasury,  according 
to  act  of  congress,  passed  July  twenty-fifth,  eighteen  hundred 
and  sixty-six ;  and  they  shall  limit  the  pressure  of  steam  to  be 
applied  to  or  upon  such  boiler,  certifying  each  inspection  and 
such  limit  of  pressure  to  the  owner  of  the  boiler  inspected, 


146 


LAWS  OF  NEW  YORK. 


and  also  to  the  engineer  in  charge  of  same,  and  no  greater 
amount  of  steam  or  pressure  than  that  certified  in  the  case 
of  any  boiler  shall  be  applied  thereto.  In  limiting  the 
amount  of  pressure,  wherever  the  boiler  under  test  will  bear 
the  same,  the  limit  desired  by  the  owner  of  the  boiler  shall 
be  the  one  certified.  Every  owner,  agent  or  lessee  of  a 
steam  boiler  or  boilers  in  use  in  The  City  of  New  York  shall, 
for  the  inspection  and  testing  of  such  or  each  of  such  boilers, 
as  provided  for  in  this  act,  and  upon  receiving  from  the  police 
department  a  certificate  setting  forth  the  location  of  the 
boiler  inspected,  the  date  of  such  inspection,  the  persons  by 
whom  the  inspection  was  made,  and  the  limit  of  steam  pres- 
sure which  shall  be  applied  to  or  upon  such  boiler  or  each  of 
such  boilers,  pay  annually  to  the  police  commissioner 
for  each  boiler,  for  the  use  of  the  police  pension  fund, 
the  sum  of  two  dollars,  such  certificate  to  continue 
in  force  for  one  year  from  the  granting  thereof 
when  it  shall  expire,  unless  sooner  revoked  or  sus- 
pended. Such  certificate  may  be  renewed  upon  the  payment 
of  a  like  sum  and  like  conditions,  to  be  applied  to  a  like  pur- 
pose. It  shall  not  be  lawful  for  any  person  or  persons,  cor- 
poration or  corporations,  to  have  used  or  operated  within 
The  City  of  New  York  any  steam  boiler  or  boilers  except 
for  heating  purposes  and  for  railway  locomotives,  without 
having  first  had  such  boiler  or  boilers  inspected  or  tested  and 
procured  for  such  boiler  or  each  of  such  boilers  so  used  or 
operated  the  certificate  herein  provided  for.  The  superin- 
tendent and  inspectors  of  boilers,  in  the  employ  of  the  police 
department,  in  the  city  of  Brooklyn,  and  the  boiler  inspect- 
ors in  Long  Island  City,  shall  continue  to  discharge  the  du- 
ties heretofore  devolved  upon  them,  subject,  however,  to  re- 
moval for  cause,  or  when  they  are  no  longer  needed. 

Id.;  no  person  to  use,  or  act  as  engineer  for,  without  certificate. 

§  343.  It  shall  not  be  lawful  for  any  person  or  persons  to 
operate  or  use  any  steam  boiler  to  generate  steam  except  for 
railway  locomotive  engines,  and  for  heating  purposes  in  pri- 
vate dwellings,  and  boilers  carrying  not  over  ten  pounds  of 
steam  and  not  over  ten  horse-power,  or  to  act  as  engineer 
for  such  purposes  in  The  City  of  New  York  without  having 
a  certificate  of  qualification  therefor  from  practical  engineers 
detailed  as  such  by  the  police  department,  such  certificate 
to  be  countersigned  by  the  officer  in  command  of  the  sani- 
tary company  of  the  police  department  of  The  City  of  New 


CHARTER  OF  NEW  YORK  CITY. 


147 


York  and  to  continue  in  force  one  year,  unless  sooner  re- 
voked or  suspended.  Such  certificate  may  be  revoked  or 
suspended  at  any  time  by  the  police  commissioner  upon 
the  report  of  any  two  practical  engineers,  detailed  as 
provided  in  this  section,  stating  the  grounds  upon  v^hich  such 
certificate  should  be  revoked  or  suspended.  Where  such 
certificate  shall  have  been  revoked,  as  provided  in  this  sec- 
tion, a  Hke  certificate  shall  not  in  any  case  be  issued  to  the 
same  person  within  six  months  from  the  date  of  the  revoca- 
tion of  the  former  certificate  held  by  such  person. 

Id.;  record  of  inspections  to  be  kept. 

§  344.  A  correct  record  in  proper  form  shall  be  kept  and 
preserved  of  all  inspections  of  steam  boilers  made  under  the 
direction  of  the  police  board,  and  of  the  amount  of  steam  or 
pressure  allowed  in  each  case,  and  in  cases  where  any  steam 
boiler  or  the  apparatus  or  appliances  connected  therewith  shall 
be  deemed  by  the  department,  after  inspection,  to  be  insecure 
or  dangerous,  the  department  may  prescribe  such  changes  and 
alterations  as  may  render  such  boilers,  apparatus  and  appli- 
ances secure  and  devoid  of  danger.  And  in  the  mean  time, 
and  until  such  changes  and  alterations  are  made  and  such 
appliances  attached,  such  boiler,  apparatus  and  appliances  may 
be  taken  under  the  control  of  the  police  departrrient  and  all 
persons  prevented  from  using  the  same,  and  in  cases  deemed 
necessary,  the  appliances,  apparatus  or  attachment  for  the 
limitation  of  pressure  may  be  taken  under  the  control  of  the 
said  police  department. 

Id.;  over=pressure  forbidden;  owner  neglecting  to  report  boiler. 

§  345.  It  shall  not  be  lawful  for  any  person  or  persons  to 
apply  or  cause  to  be  applied  to  any  steam  boiler  a  higher  pres- 
sure of  steam  than  that  limited  for  the  same  in  accordance 
with  the  provisions  of  this  chapter  and  any  person  violating 
the  provisions  of  the  last  preceding  section  shall  be  guilty  of 
a  misdemeanor.  In  case  any  owner  of  any  steam  boiler  in 
the  said  city  shall  fail  or  omit  to  have  the  same  reported  for 
inspection,  as  provided  by  law,  such  boiler  may  be  taken  under 
the  control  of  the  police  department  and  all  persons  prevented 
from  using  the  same  until  it  can  be  satisfactorily  tested,  as 
hereinbefore  provided  for,  and  the  owner  shall,  in  such  case, 
be  charged  with  the  expense  of  so  testing  it. 


148 


LAWvS  OF  NEW  YORK. 


Special  patrolmen  for  district  telegraph  companies. 

§  350.  The  police  commissioner  is  hereby  authorized, 
in  addition  to  the  poUce  force  now  authorized  by  law, 
to  appoint  a  number  of  persons,  not  exceeding  three 
hundred,  who  may  be  designated  by  any  company  which  may 
be  operating  a  system  of  signaHng  by  telegraph  to  a  central 
office  for  police  assistance,  to  act  as  special  patrolmen  in  con- 
nection with  such  telegraphic  system.  And  the  persons  so 
appointed  shall,  in  and  about  such  service,  have  all  the  powers 
possessed  by  the  members  of  the  regular  force,  except  as  this 
may  be  limited  by  the  regulations  of  the  police  commissioner, 
and  they  shall  be  subject  to  the  supervision  and  control 
of  the  police  department.  No  person  shall  be  appointed 
as  such  special  patrolman  who  does  not  possess  the  qualifica- 
tions which  may  be  required  by  the  police  commissioner 
for  such  special  service;  and  the  persons  so  appointed  shall 
be  subject,  in  case  of  emergency,  to  do  duty  as  a  part  of 
the  regular  police  force.  The  police  commissioner  shall 
have  power  to  revoke  any  such  appointment  or  appoint- 
ments at  any  time,  and  every  person  so  appointed  shall  wear 
a  badge  and  uniform,  to  be  furnished  by  such  company  and 
approved  by  the  police  department.  Such  uniform  shall  be 
designated  at  the  time  of  the  first  appointment  under  this  sec- 
tion, and  shall  be  the  permanent  uniform  to  be  worn  by  said 
special  police.  The  pay  of  such  special  patrolmen  and  all  ex- 
penses connected  with  their  service  shall  be  wholly  paid  by 
such  company  or  companies,  and  no  expense  or  liability  shall 
at  any  time  be  incurred  or  paid  by  the  police  department  for, 
or  by  reason  of,  the  services  of  the  persons  so  as  aforesaid 
appointed. 

Police  pension  fund;  police  commissioner  trustee  of;  powers  over. 

§  351.  The  police  commissioner  shall  be  the  trustee  of  the 
police  pension  fund  hereinafter  mentioned,  and  shall  be  treas- 
urer of  the  pension  fund.  He  shall,  before  entering  upon  his 
duties  as  treasurer  thereof,  execute  and  deliver  to  the  comp- 
troller of  The  City  of  New  York,  a  bond  in  the  penal  sum 
of  one  hundred  thousand  dollars,  to  be  approved  by  the  comp- 
troller of  The  City  of  New  York,  and  conditioned  for  the 
faithful  discharge  of  his  duties,  and  that  he  shall  pay  over  and 
account  for  all  moneys  and  property  which  shall  come  into  his 
hands  of  such  treasurer.  Such  trustee  shall  have  charge  of 
and  administer  said  funds,  and  from  time  to  time  invest  the 
same,  or  any  part  thereof,  as  he  shall  deem  most  bene- 


CHARTER  OF  NEW  YORK  CITY.  149 

ficial  to  said  fund,  and  he  is  empowered  to  make  all 
necessary  contracts   and   take   all   necessary  and  proper 
actions  and  proceedings  in  the  premises,  and  to  make  pay- 
ments from  such  fund  of  pensions  granted  in  pursuance  of  this 
act,  and  also  pensions  now  charged  on  said  fund  or  any  part 
thereof  by  or  under  existing  laws,  and  said  trustee  shall 
be  the  legal  successor  of  the  trustee  or  trustees  of  the  police 
life  insurance  fund,  and  of  any  police  j^ension  fund  heretofore 
existing  within  the  limits  of  The  City  of  New  York  as  consti- 
tuted by  this  act,  including  the  pension  fund  of  the  park  police 
of  the  mayor,  aldermen  and  commonalty  of  the  city  of  New 
York,  and  the  pension  fund  of  the  park  police  of  the  city  of 
Brooklyn.    The  said  trustee  may,  and  he  is  authorized  and 
empowered,  from  time  to  time  to  establish  such  rules  and 
regulations  for  the  disposition,  investment,  preservation  and 
administration  of  the  police  pension  fund  as  he  may  deem 
best.    He  shall  report  in  detail  to  the  board  of  aMermen  of 
The  City  of  New  York,  annually,  in  the  month  of  January, 
the  condition  of  the  police  pension  fund  and  the  items  of  re- 
ceipts and  disbursements  on  account  of  the  same.    No  pay- 
ments whatever  shall  be  allowed  or  made  by  said  trustee 
from  said  fund  as  reward,  gratuity  or  compensation  to 
any  person   for   salary   or  services   rendered  to  or  for 
said   trustee.     On    or   before   the   first   day   of  Febru- 
ary of  each  year,  the  trustee  shall  make  a  verified  report 
to  the  mayor  of  his  proceedings  as  such  trustee,  containing  a 
statement  of  all  receipts  and  disbursements  on  account  of  said 
fund,  together  with  the  names  and  residences  of  each  bene- 
ficiary and  the  amounts  paid  to  such  beneficiary  for  or  on 
account  of  said  fund.    There  shall  be  an  auditing  committee 
consisting  of  three  members,  to  be  appointed  by  the  mayor,  as 
follows :  two  members  to  be  selected  from  among  the  officers 
and  members  of  the  uniformed  force  of  the  police  department 
and  one  member  to  be  selected  from  the  retired  members  of 
the  police  department.    It  shall  be  the  duty  of  this  committee 
on  or  before  the  first  day  of  March  in  each  year  to  examine 
the  condition  of  said  relief  fund  and  to  audit  the  account  of 
the  said  trustee. 

Id.;  funds  to  be  paid  trustees;  exemption  from  execution  and  process; 
false  swearing  in  pension  claims. 

§  352.  The  said  police  pension  funds  existing  in  said  city  of 
New  York  as  constituted  by  this  act,  or  in  any  part  thereof 
when  this  act  takes  effect,  and  all  moneys,  bonds,  investments, 


150 


LAWS  OF  NEW  YORK. 


securities,  revenues  and  incomes  thereof,  or  belonging  thereto, 
in  whose  hands  soever  or  wherever  the  same  may  be,  shall  be 
paid  over  and  delivered  on  demand  to  the  police  commissioner. 
The  moneys,  securities  and  effects  of  the  police  pension  fund, 
and  all  pensions  granted  and  payable  from  said  fund  shall  be 
and  are  exempt  from  execution  and  from  all  process  and  pro- 
ceedings to  enjoin  and  recover  the  same  by  or  on  behalf  of  any 
creditor  or  person  having  or  asserting  any  claims  against,  or 
debt  or  liability  of,  any  pensioner  of  said  fund.  Every  person 
who  knowingly  or  wilfully  in  any  wise  procures  the  making 
or  presentation  of  any  false  or  fraudulent  affidavit  or  affirma- 
tion concerning  any  claim  for  pension  or  payment  thereof  shall 
in  every  such  case  forfeit  a  sum  not  exceeding  two  hundred 
and  fifty  dollars,  to  be  sued  for  and  recovered  by  and  in  the 
name  of  the  said  trustees,  and,  when  recovered,  to  be  paid  over 
to  and  thereupon  become  a  part  of  the  said  police  pension  fund. 
Any  person  who  shall  wilfully  swear  falsely  in  any  oath  or 
affirmation  in  obtaining  or  procuring  any  pension  or  payment 
thereof,  under  the  provisions  of  this  chapter,  shall  be  guilty 
of  perjury. 

Id.;  of  what  it  consists. 

§  353-  The  said  police  pension  fund  shall  consist  of: 

1.  The  capital,  interest,  income,  dividends,  cash,  deposits, 
securities  and  credits  formerly  belonging  to  the  police  life 
insurance  fund,  and  any  police  pension  fund,  existing  as  afore- 
said with  the  addition  thereto,  from  time  to  time,  of 

2.  All  forfeitures  imposed  by  the  police  department  from 
time  to  time,  upon  or  against  any  member  or  members  of  the 
police  force;  and  of 

3.  All  rewards,  fees,  gifts,  testimonials  and  emoluments  that 
may  be  presented,  paid  or  given  to  any  member  of  the  police 
force  on  account  of  police  services,  except  such  as  have  been  or 
shall  be  allowed  by  the  police  commissioner  to  be  retained 
by  the  said  members,  and  also  all  gifts  or  bequests  which  may 
be  made  to  the  said  pension  fund,  or  to  the  said  pohce  com- 
missioner as  trustee  thereof. 

4.  All  lost,  abandoned,  unclaimed,  or  stolen  money  remain- 
ing in  the  possession  of  the  property  clerk  of  the  police  depart- 
ment for  the  space  of  one  year,  and  for  which  there  shall  be 
no  lawful  claimant,  and  all  moneys  arising  from  the  sale  by 
said  property  clerk  of  unclaimed,  abandoned,  lost  or  stolen 
property,  and  all  moneys  realized,  derived  or  received  from  the 


CHARTER  OF  NEW  YORK  CITY. 


151 


sale  of  any  condemned,  unfit  or  unserviceable  property  belong- 
ing to  or  in  the  possession  or  under  the  control  of  the  police 
department;  and  of 

5.  All  moneys,  pay,  compensation  or  salary,  or  any  part 
thereof  forfeited,  deducted  or  withheld  from  any  member  or 
members  of  the  police  force  on  account  of  absence  for  any 
cause,  lost  time,  sickness  or  other  disability,  physical  or  mental, 
to  be  paid  monthly  by  the  comptroller  to  the  police  pension 
fund. 

6.  Any  sum  out  of  or  share  of  excise  moneys  derived 
from  the  granting  of  licenses  or  permission  to  sell  strong  or 
spirituous  liquors,  ale,  wine  or  beer,  or  out  of  or  of  any  moneys 
paid  for  taxes  upon  the  business  of  trafficking  in  or  selling  or 
dealing  in  strong  or  spirituous  liquors,  ale,  v^ine  or  beer,  which 
by  law  was,  at  the  time  of  the  taking  effect  of  this  act, 
applicable,  to  or  appropriated  to  any  police  pension  fund  then 
existing  within  the  limits  of  The  City  of  New  York,  as  consti- 
tuted by  this  act,  and  such  sum  or  share  shall  be  paid  in  equal 
quarterly  installments  by  the  comptroller  of  The  City  of  New 
York,  or  other  person  or  officer  having  the  legal  custody  there- 
of, to  the  police  commissioner  without  any  action  or  au- 
thority of  or  from  any  other  official  body  or  officer. 

7.  All  moneys  received  or  derived  from  the  granting 
or  issuing  of  permits  to  carry  pistols  in  said  city,  and  no 
permit  shall  be  granted  or  issued  to  any  person  except  upon 
the  payment  of  two  dollars  and  fifty  cents  in  advance  to 
the  police  commissioner,  nor  shall  any  such  permit  con- 
tinue in  force  for  more  than  one  year,  when  another  may 
be  issued  from  year  to  year,  upon  the  payment  of  a  like  sum. 
The  chief  of  police  is  authorized  to  grant  and  issue  permits 
for  such  purpose  in  proper  cases,  upon  the  payment  of  the 
sum  aforesaid,  and  all  such  moneys  shall  be  paid  into  the 
police  pension  fund. 

8.  All  moneys  derived  or  received  from  the  granting 
or  issuing  the  permits,  or  the  giving  of  permission  to  give 
masked  balls,  entertainments  or  parties,  or  either  of  them,  in 
The  City  of  New  York.  No  masquerade  or  fancy  dress  ball, 
or  other  entertainment,  shall  be  held,  given  or  permitted  in 
The  City  of  New  York,  except  upon  condition  that  a  license 
fee  therefor  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars  shall  first  be  paid  to  the  police  department  who 
are  authorized  to  demand  and  receive  the  same  for  the  benefit 
of  the  police  pension  fund. 


152 


LAWS  OF  NEW  YORK. 


9.  A  sum  of  money  equal  to  but  not  greater  than  two  per 
centum  of  the  monthly  pay,  salary  or  compensation  of  each 
member  of  the  police  force,  which  sum  shall  be  deducted 
monthly  by  the  comptroller  from  the  pay,  salary,  or  compen- 
sation of  each  and  every  member  of  the  police  force  and 
the  said  comptroller  is  hereby  authorized,  empowered  and 
directed  to  deduct  the  said  sum  of  money  as  aforesaid  and 
forthwith  to  pay  the  same  to  the  treasurer  of  the  trustees  of 
the  police  pension  fund. 

10.  Any  and  all  other  moneys  and  funds  which,  but 
for  the  passage  of  this  act,  would  have  been  part  of  or  appli- 
cable to  any  police  pension  fund  at  the  time  this  act  takes  ef¥ect 
or  thereafter  within  the  limits  of  The  City  of  New  York  as 
constituted  by  this  act. 

11.  And  any  and  all  unexpended  balances  of  appro- 
priation or  amounts  estimated,  levied,  raised  or  appropriated 
for  the  payment  of  salaries  or  compensation  of  members  of  the 
police  force  within  said  city  of  New  York  remaining  unex- 
pended or  unapplied  after  allowing  all  claims  payable  there- 
from; provided,  however,  that  whenever,  at  the  end  of  any 
fiscal  year,  the  surplus  in  the  police  pension  fund  shall  exceed 
the  sum  of  two  hundred  and  fifty  thousand  dollars,  over  and 
above  all  charges  then  existing  against  the  same,  such  unex- 
pended balances,  or  so  much  thereof  as  shall  not  be  required 
to  bring  the  surplus  up  to  the  sum  of  two  hundred  and  fifty 
thousand  dollars,  shall  be  transferred  to  the  general  fund  for 
the  reduction  of  taxation.  And  the  comptroller  is  hereby 
authorized  to  pay  over  to  the  police  pension  fund  such  un- 
expended balances  or  any  part  thereof,  at  any  time  after  the 
expiration  of  the  year  for  which  the  same  were  made  and 
appropriated,  and  after  allowing  sufficient  to  satisfy  all  claims 
payable  therefrom  as  aforesaid. 

12.  In  case  the  amount  derived  from  the  different 
sources  mentioned  and  included  in  this  section  shall  not  be 
sufficient  at  any  time  to  enable  the  police  commissioner 
to  pay  in  full  the  pensions  which  have  been  or 
which  may  hereafter  be  granted,  it  shall  be  the  duty  of  the 
police  commissioner  each  year  at  the  time  of  mak- 
ing up  the  departmental  estimate,  to  prepare  a  full  and 
detailed  statement  of  the  assets  of  said  police  pension  fund 
and  the  amount  which  is  required  to  pay  in  full  all  such  pen- 
sions and  to  present  the  same  to  the  board  of  estimate  and 
apportionment  together  with  a  statement  of  the  amount  of 
money    required    to    enable    the    said    commissioner  to 


CHARTER  OF  NEW  YORK  CITY. 


153 


pay  the  said  pensions  in  full.  It  shall  be  the  duty  of  said 
board  of  estimate  and  apportionment  and  the  board  of  alder- 
men to  make  an  appropriation  sufficient  to  provide  for  such 
deficiency  and  the  amount  so  appropriated  shall  be  included 
in  the  tax  levy,  and  the  comptroller  shall  pay  over  the  money 
to  the  police  commissioner. 

13.  And  the  said  poHce  commissioner  is  hereby  authorized 
and  empowered  to  take  and  hold,  as  trustee  of  such  fund,  any 
and  all  gifts  or  bequests  which  may  be  made  to  such  fund. 

Id.;  pensions  classified. 

§  354.  The  police  commissioner  shall  have  power, 
in  his  discretion,  to  retire  and  dismiss  from  member- 
ship in  the  said  police  force,  and  thereupon  to  grant  pensions 
to,  as  hereinafter  provided,  any  member  of  the  poHce  force 
of  said  city  who  shall  have  become  disabled,  physically  or 
mentally,  or  superannuated  by  age  so  as  to  be  unfit  for  po- 
Hce duty,  and  to  widows  and  orphans  of  such  members  to  be 
paid  from  the  police  pension  fund  as  follows: 

I.  To  the  widow  of  any  member  of  any  police  force  within 
the  Hmits  of  said  city,  who  shall  have  been  killed  while  in 
the  actual  performance  of  duty,  or  shall  have  died  from  the 
effects  of  any  injury  received  whilst  in  the  actual  discharge 
of  such  duty,  or  who  has  died,  or  who  shall  hereafter  die 
after  ten  years  of  service  in  any  pohce  force  within  the  limits 
of  The  City  of  New  York,  as  constituted  by  this  act,  or  who 
shall  have  been  retired  upon  a  pension,  if  there  be  no  child  or 
children  under  eighteen  years  of  age  of  any  such  member, 
the  sum  of  not  exceeding  three  hundred  dollars  per  annum; 
but  if  there  be  any  such  child  or  children  of  such  member 
under  the  age  aforesaid,  then  the  said  sum  may  be  divided 
between  such  widow,  child  or  children  in  such  proportions 
and  in  such  manner  as  the  said  trustee  may  direct;  provided, 
however,  that  the  foregoing  provision  shall  not  be  applicable 
to  the  widow,  child,  or  children  of  any  member  of  any  police 
force  within  the  limits  of  said  city  who  shall  have  been  killed 
or  died  prior  to  the  taking  effect  of  this  act,  unless  such 
widow,  child  or  children  would  have  been  entitled  to  a  pen- 
sion under  the  laws  in  force  at  that  time ;  and  provided  fur- 
ther that  in  no  event  shall  such  widow,  child  or  children  re- 
ceive a  greater  pension  than  she,  it  or  they  would  have  been 
entitled  to  under  the  laws  in  force  immediately  prior  to  the 
taking  effect  of  this  act. 


154 


LAWS  OF  NEW  YORK. 


2.  Subject  to  the  like  limitations,  to  any  child  or  children 
under  eighteen  years  of  age  of  such  member  killed  or  dying 
as  aforesaid  or  pensioner  as  aforesaid,  but  leaving  no  widow, 
or,  if  a  widow,  then  after  her  death  to  such  child  or  children 
being  yet  under  eighteen  years  of  age,  a  sum  not  exceeding 
three  hundred  dollars  per  annum. 

3.  Subject  to  the  like  Hmitations,  to  any  such  member  of 
any  such  police  force  who,  whilst  in  the  actual  performance 
of  duty  and  by  reason  of  the  performance  of  such  duty,  and 
without  fault  or  misconduct  on  his  part,  shall  have  become 
permanently  disabled,  physically  or  mentally  so  as  to  be  un- 
fitted to  perform  full  police  duty,  a  sum  not  to  exceed  one- 
half  nor  less  than  one-fourth  of  his  rate  of  compensation  per 
annum. 

4.  To  any  such  member  of  the  said  police  force  who  shall, 
after  ten  years,  and  less  than  twenty-five  years'  membership 
in  any  such  police  force,  become  superannuated  by  age,  per- 
manently insane  or  mentally  incapacitated,  or  disabled  physi- 
cally or  mentally,  so  as  to  be  unfitted  or  unable  to  perform  full 
police  duty  by  reason  of  such  disability  or  disease  contracted 
without  misconduct  on  his  part,  a  sum  not  to  exceed  one- 
half  nor  less  than  one-fourth  of  his  rate  of  compensation  per 
annum. 

Id.;  when  members  of  force  entitled  to  pension;  amount  and  duration. 

§  355.  Any  member  of  the  police  force  being  of  the  age  of 
fifty-five  years  who  has  or  shall  have  performed  duty  on  such 
poHce  force  as  aforesaid  for  a  period  of  twenty  years  or  up- 
wards, upon  his  own  application  in  writing,  may,  or  upon  a 
certificate  of  so  many  of  the  police  surgeons  as  the  police 
commissioner  may  require,  showing  a  member  of 
whatever  age  who  has  served  twenty  years  is  permanently 
disabled,  physically  or  mentally  so  as  to  be  unfit  for  duty, 
shall,  by  order  of  the  poHce  commissioner,  be  re- 
lieved and  dismissed  from  said  force  and  service  and  placed 
on  the  roll  of  the  police  pension  fund,  and  awarded  and 
granted,  to  be  paid  from  said  pension  fund,  an  annual  pen- 
sion during  his  Hfetime  of  a  sum  not  less  than  one-half  of  the 
full  salary  or  compensation  of  such  member  so  retired;  and 
any  member  of  the  police  force  who  has,  or  shall  have  per- 
formed duty  on  any  such  force  aforesaid,  for  a  period  of 
twenty-five  years  or  upwards,  being  of  the  age  of  fifty-five 
years,  or  any  member  of  any  such  police  force  who  is  an 
honorably  discharged  soldier  or  sailor  from  the  army  and 


CHARTER  OF  NEW  YORK  CITY. 


155 


navy  of  the  United  States  in  the  late  civil  war,  who  shall  have 
reached  the  age  of  sixty  years,  or  any  such  soldier  or  sailor 
who  has  performed  duty  on  any  such  force  for  a  period  of 
twenty  years,  upon  his  own  application  in  writing,  provided 
*  there  are  no  charges  against  him  pending,  must  be  relieved 
and  dismissed  from  said  force  and  service  by  the  department 
and  placed  on  the  roil  of  the  police  pension  fund  and  awarded 
and  granted,  to  be  paid  from  said  pension  fund,  an  annual 
pension  during  his  lifetime  of  the  sum  not  less  than  one-half 
of  the  full  salary  or  compensation  of  such  member  so  retired; 
and  the  said  commissioner  may  in  like  manner  re- 
Heve  and  dismiss  from  the  service  and  place  on  the  roll  of 
the  police  pension  fund,  and  grant  and  award  a  pension  to 
any  member  of  said  force  other  than  an  honorably  dis- 
charged soldier  or  sailor  of  the  Mexican  or  late  civil  war  who 
shall  have  reached  the  age  of  sixty  years.  The  said  poHce 
commissioner  shall  award  and  grant  pensions  to  the 
chief  of  police  of  three  thousand  dollars;  to  each  dep- 
uty chief  of  police,  twenty-five  hundred  dollars;  to  each  in- 
spector, seventeen  hundred  and  fifty  dollars ;  to  each  captain 
of  the  police,  thirteen  hundred  and  seventy-five  dollars,  and 
to  each  sergeant  and  detective  sergeant  of  police  hereafter 
relieved  and  dismissed  from  said  force  and  service  and  placed 
on  the  roll  of  the  pension  fund,  as  hereinbefore  provided, 
the  sum  of  one  thousand  dollars  per  annum  hereafter,  and  to 
each  captain  of  poHce  heretofore  relieved  and  dismissed 
from  said  force  and  placed  on  the  roll  of  the  police  pension 
fund,  as  hereinbefore  provided,  who,  at  the  time  when  he  was 
so  relieved  and  dismissed  and  at  the  time  when  he  was  so 
placed  on  the  roll  of  said  pension  fund,  was  receiving  an  an- 
nual salary  of  twenty-seven  hundred  and  fifty  dollars,  the 
sum  of  thirteen  hundred  and  seventy-five  dollars  per  annum 
hereafter.  Pensions  granted  under  this  section  shall  be  for 
the  natural  life  of  the  pensioner,  and  shall  not  be  revoked,  re- 
pealed or  diminished.  In  case  any  member  shall  have  vol- 
untarily left  any  such  police  force,  and  entered  into  the 
United  States  service,  and  served  in  the  war  of  the  rebellion, 
in  the  army  or  navy,  and  received  an  honorable  discharge, 
and  afterwards  shall  have  been  reinstated  or  reappointed  in 
the  police  force,  the  time  of  his  service  in  the  army  or  navy 
shall  be  considered  as  continuous  service  in  the  poHce  force. 
Pensions  may,  in  the  discretion  of  the  said  poHce  commis- 
sioner, be  continued  and  paid  to  the  widows  and 
children,  or,  if  no  widow,  to  the  child  or  children  while 


156 


LAWS  OF  NEW  YORK. 


under  the  age  of  eighteen  years  of  any  member  of  the  police 
force  to  whom  pensions  shall  have  been  granted,  provided, 
however,  that  such  pension  to  such  widows  or  children,  as 
the  case  may  be,  shall,  in  no  instance,  exceed  six  hundred 
dollars  per  annum,  and  the  same  may,  in  the  discretion  of  the 
said  commissioner,  be,  from  time  to  time,  and  at 
any  time  diminished,  modified  or  revoked ;  provided,  how- 
ever, that  no  member  of  either  of  the  poHce  forces  by  this 
act  consolidated,  having  a  right  to  retire  upon  a  pension  at 
the  time  this  act  takes  effect,  shall  be  deprived  of  such  right 
by  reason  of  his  remaining  upon  the  police  force,  t)r  of  any- 
thing in  this  act  contained.  In  determining  the  terms  of  ser- 
vice of  any  member  of  the  police  force,  service  in  the  munici- 
pal and  metropolitan  force,  and  subsequently  in  the  police 
force  of  The  City  of  New  York,  as  heretofore  constituted,  or 
in  any  police  force  within  the  limits  of  The  City  of  New  York 
as  hereby  constituted,  and  thereafter  in  the  police  force  cre- 
ated by  this  act,  shall  be  counted  and  held  to  be  service  in  the 
police  force  of  The  City  of  New  York  for  all  the  purposes  of 
this  chapter. 

Id.;  when  certain  pensions  terminate;  equalizing  existing  pensions. 

§  356.  Pensions  to  widows  shall  terminate  when  the  widow 
shall  re-marry,  and  pensions  to  children  shall  terminate  when- 
ever the  children  shall  respectively  marry  or  arrive  at  the 
age  of  eighteen  years.  The  police  commissioner  may, 
in  his  discretion,  order  any  pension  granted,  or  any 
part  thereof,  to  cease,  or  be  diminished,  except  those  pen- 
sions as  to  which  it  is  otherwise  provided  in  this  act,  and  as 
therein  provided;  but  in  all  such  cases  the  said  poHce  com- 
missioner shall  file  with  the  papers  of  the  police 
pension  fund  a  written  statement  of  the  causes  which 
determined  him  in  ordering  any  pension  so  to  cease 
or  to  be  diminished;  and  nothing  herein,  or  in  any 
other  act  contained,  shall  render  the  granting  of  any 
pension  obligatory  on  the  police  commissioner  or 
chargeable  as  a  matter  of  right  upon  said  police  pension 
fund,  except  as  herein  provided.  All  existing  pensions  law- 
fully granted,  payable  out  of  the  police  life  insurance  fund,  or 
any  police  pension  fund  of  which  the  poHce  commissioner  is 
made  trustee  by  this  chapter,  and  not  lawfully  revoked,  are 
continued  and  shall  be  paid  out  of  the  police  pension  fund 
in  pursuance  of  the  limitations  and  provisions  of  this  chapter. 


CHARTER  OF  NEW  YORK  OITY. 


157 


Id.;  certificate  of  disability;  department  may  malce  rules. 

§  357-  member  of  the  police  force  shall  be  granted, 
awarded  or  paid  a  pension  on  account  of  physical  or  mental 
disabiHty  or  disease,  unless  a  certificate  of  so  many  of  the 
pohce  surgeons  as  the  police  board  may  require,  which  shall 
set  forth  the  cause,  nature  and  extent  of  the  disability, 
disease  or  injury  of  such  member,  shall  be  filed  in  the  depart- 
ment. And  no  member  shall  be  retired  upon  pension  or  be 
pensioned,  nor  shall  any  pension  be  awarded,  granted  or  paid 
except  as  provided  in  this  chapter,  any  other  law  to  the  con- 
trary notwithstanding.  The  said  police  department  is  author- 
ized and  empowered  to  make  and  adopt  all  such  rules,  orders 
and  regulations  as  are  or  may  be  necessary  to  carry  out  and 
enforce  the  provisions  of  this  act  as  to  pensions.  Neither  the 
police  commissioner  nor  either  deputy  police  commissioner 
shall  be  members  of  the  police  force  within  the  meaning  of 
the  provisions  of  this  act  relating  to  pensions,  nor  be  entitled 
to  any  pension,  nor  share  in  the  relief  pension  fund  of  the 
police  department. 

Designation  of  station  houses  for  confinement  of  women. 

§  359.  The  police  commissioner  shall  designate  one  or 
more  station  houses  for  the  detention  and  confinement  of 
women  under  arrest  in  The  City  of  New  York.  Such 
commissioner  may  at  any  time  designate  for  such  pur- 
poses any  additional  station  house  or  houses,  or  may 
revoke  the  designation  of  any  station  house  or  houses 
theretofore  designated,  provided  that  at  least  one  such 
station  house  shall  at  all  times  be  so  designated  for 
such  purpose  in  such  city.  In  every  station  house  to  which 
police  matrons  are  appointed  toilet  accommodations  shall  be 
provided  for  such  matrons,  which  accommodations  shall  be 
wholly  separate  and  apart  from  the  toilet  accommodations 
provided  for  prisoners,  or  for  the  other  officers  attached  to 
such  station  house. 

Appointment  of  police  matrons. 

§  3^0-  The  police  commissioner  shall  appoint  fo"*  each 
station  house  designated  in  the  last  section,  not  more 
than  two  respectable  women,  who  shall  be  known 
as  police  matrons,  in  the  same  manner  and  under  restrictions 
governing  the  appointment  of  patrolmen  so  far  as  the  same 
may  be  applicable,  except  that  any  rule  or  regulation  as  to 


158 


LAWS  OF  NEW  YORK. 


the  age  of  a  person  appointed  patrolman  shall  not  apply  to 
matrons  appointed  under  this  act.  No  woman  shall  be  ap- 
pointed a  police  matron,  unless  suitable  for  the  position  and 
recommended  therefor  in  writing  by  at  least  twenty  women 
of  good  standing,  residents  of  The  City  of  New  York.  Po- 
lice matrons  shall  be  appointed  to  station  houses  to  which 
poHce  courts  are  attached  and  to  station  houses  which  are  in 
close  proximity  to  a  police  court.  In  case  there  is  no  po- 
lice court  in  close  proximity  to  a  station  house  in  said  city, 
then  police  matrons  may  be  appointed  to  any  station  house 
therein. 

Police  matrons  to  be  members  of  uniformed  force. 

§  360a.  Such  police  matrons  shall  be  regular  mem- 
bers of  the  uniformed  police  force,  and  shall  have  the  same 
standing  in  the  police  department  and  be  subject  to  the  same 
fines,  discipHne  and  benefits  as  patrolmen.  They  shall  be  pro- 
vided with  a  suitable  shield  or  badge,  or  badge  of  ofifice,  and 
shall,  while  on  duty  wear  a  uniform  similar  in  color  to  that 
worn  by  other  members  of  the  uniformed  police  force.  No 
police  matron  who  shall  become  a  member  of  the  uniformed 
police  force  shall",  under  any  pretence  whatever,  share  in  for 
her  own  benefit,  any  present,  fee,  gift,  emolument  for  police 
services,  or  for  services  of  the  police  department  or  any  mem- 
ber thereof,  additional  to  her  regular  salary;  and  it  shall  be 
cause  for  removal  from  the  police  force  for  any  matron 
thereof  to  receive  any  such  reward  or  present  or  to  receive 
compensation  for  any  privilege  whatever  which  she  may 
grant  to  the  women  prisoners  under  her  charge. 

Terms  of  office,  removal,  salary. 

§361.  PoHce  matrons  shall,  upon  appointment,  hold 
office  until  removal,  and  they  may  be  removed  at  any 
time,  by  the  authority  appointing  them,  under  the  regula- 
tions prescribed  for  the  removal  of  patrolmen.  Immediately 
upon  the  death,  resignation  or  removal  of  a  police  matron, 
her  successor  shall  be  appointed  in  the  manner  hereinbefore 
provided.  A  police  matron  shall  receive  the  same  salary  as 
the  doorman  in  the  station  house  to  which  she  may  be  ap- 
pointed. 

Duties  of  Police  Matrons. 

§  362.  When  only  one  police  matron  5s  attached  to 
a  police  station,  she  shall  reside  there,  or  within  a  reasonable 


CHARTER  OF  NEW  YORK  OITY. 


159 


distance  therefrom,  and  shall  hold  herself  in  readiness  to 
respond  to  any  call  therefrom  at  any  hour,  day  or  night,  and 
each  matron  shall,  during  such  hours  as  may  be  fixed  by  the 
police  commissioner,  remain  in  such  station  and  hold 
herself  in  readiness  to  respond  to  any  call  therefrom.  So  long 
as  any  woman  is  detained  or  held  under  arrest  in  a  police 
station  to  which  a  matron  is  attached,  it  shall  be  the  duty  of 
such  matron  to  remain  constantly  thereat  ready  for  service; 
or,  if  there  be  more  than  one  matron  attached  to  such  station 
then  one  of  them  shall  be  constantly  ready  for  service.  A 
police  matron  shall,  subject  to  the  officer  in  charge  of  such 
station  house,  have  the  immediate  care  and  charge  of  all 
women  held  under  arrest  in  the  station  to  which  she  is 
attached,  and  she  may  at  any  time  call  upon  the  officer  in 
command  of  such  station  for  assistance.  She  shall  be  subject 
to  the  authority  of  the  police  commissioner  and  to 
the  rules  and  regulations  prescribed  by  such  authority;  but  at 
the  station  where  she  may  be  appointed  on  duty  she  shall  be 
subject  only  to  the  authority  of  the  officer  in  command  thereof. 

Police  commissioner  to  provide  accommodations  for  women. 

§  363.  It  shall  be  the  duty  of  the  police  commissioner 
to  provide  sufficient  accommodations  for  women  held 
under  arrest  to  keep  them  separate  and  apart  from  the 
cells,  corridors  and  apartments  provided  for  males  under 
arrest,  and  to  so  arrange  each  station  house  that  no  communi- 
cation can  be  had  between  the  men  and  women  therein  con- 
fined, except  with  the  consent  of  the  matron  or  officer  in 
command  of  said  station-house.  No  officer,  other  than  the 
matron,  shall  be  admitted  to  the  corridor  or  cells  of  the  women 
prisoners  without  the  consent  of  the  officer  in  command  of 
said  station  house. 

Proceedings  where  woman  is  arrested. 

§  364.  Whenever  a  woman  is  arrested  and  taken  to 
a  police  station,  to  which  a  matron  is  attached,  it  shall  be  the 
duty  of  the  officer  in  command  of  the  station  to  cause  such 
matron  to  be  summoned  forthwith,  and  whenever  a  female  is 
arrested  in  any  precinct  to  which  no  matron  is  attached  she 
shall  be  taken  directly  to  the  station  house  designated  to  re- 
ceive the  women  prisoners  of  the  precinct  in  which  the  arrest 
is  made.  No  such  separate  confinement  nor  any  such  removal 
of  any  woman,  shall  operate  to  take  from  any  court  any  juris- 


160 


LAWS  OP  NEW  YORK. 


diction  which  it  would  have  had.  The  term  "  woman  "  used 
in  sections  three  hundred  and  fifty-nine  to  three  hundred  and 
sixty-six,  inclusive,  shall  not  include  any  female  either  actu- 
ally or  apparently  under  the  age  of  sixteen  years  whose  care  is 
assumed  by  any  society  referred  to  in  section  two  hundred  and 
ninety-three  of  the  penal  code ;  but  every  such  female  shall  be 
tai<en  directly  to  a  station  house  designated  to  receive  women 
prisoners  and  shall  be  at  once  transferred  therefrom  by  the 
officer  in  charge,  to  the  custody  of  such  society. 

Appropriation  for  salary  and  maintenance. 

§  365.  The  board  of  estimate  and  apportionment  and 
the  board  of  aldermen  shall  appropriate  annually  such  sum 
as  may  be  necessary  for  the  separate  care  and  confinement  in 
station  houses  of  all  women  arrested  in  such  city,  and  for  the 
appointment,  salary  and  maintenance  of  police  matrons. 

Matrons  to  contribute  to  pension  fund  and  share  therein. 

§  366.  Every  police  matron  upon  being  appointed 
to  the  uniformed  force,  shall,  each  year  thereafter, 
and  under  the  regulations  prescribed  for  patrolmen,  contribute 
two  per  centum  of  the  salary  received  by  her  to  the  pension 
fund  of  the  police  force,  and  all  fines  and  forfeitures  imposed 
upon  police  matrons  of  the  uniformed  force,  or  emoluments 
received  by  them  under  the  regulations  prescribed  for  patrol- 
men, shall  be  contributed  to  the  pension  fund  of  the  police 
force.  A  police  matron  who  shall  have  performed  duty  on 
such  police  force  for  a  period  of  twenty  years  or  upward,  upon 
her  own  application  in  writing  may,  or  upon  the  certificate  of 
so  many  of  the  police  surgeons  a^  the  police  board  may  require 
showing  that  a  matron  of  whatever  age  who  has  served 
twenty  years  as  police  matron  is  permanently  disabled  physic- 
ally or  mentally,  so  as  to  be  unfit  for  duty,  shall,  by  order  of 
the  police  board,  be  relieved  and  dismissed  from  said  force 
and  service  and  placed  on  the  roll  of  the  pension  fund,  and 
awarded  and  granted  to  be  paid  from  said  fund  an  annual 
pension  during  her  lifetime  of  a  sum  not  less  than  one-half  of 
the  full  salary  or  compensation  of  such  matron  so  retired. 
Pensions  granted  under  this  section  shall  be  for  the  natural 
life  of  the  pensioner  and  shall  not  be  revoked  or  diminished. 
The  police  board  shall  have  power  in  its  discretion,  to  retire 
or  dismiss  from  membership  in  the  police  force  and  thereupon 
grant  a  pension  to,  any  police  matron  who  shall  after  ten  years 


CHARTER  OF  NEW  YORK  CITY. 


IGl 


and  less  than  twenty-five  years  membership  in  any  such  police 
force  become  physically  or  mentally  incapacitated  for  further 
service  in  the  department  through  injuries  received  during 
the  performance  of  her  duties. 

Certain  act  not  applicable. 

§  367.  Chapter  four  hundred  and  twenty  of  the  laws 
of  eighteen  hundred  and  eighty-eight,  entitled  "An  act 
to  provide  for  police  matrons  in  cities/'  as  amended  by  chapter 
ninety  of  the  laws  of  eighteen  hundred  and  ninety-one,  shall 
not  be  applicable  to  The  City  of  New  York. 

CHAPTER  IX. 

Borough  Officers. 

Title  I.  Borough  officers. 
Title  2.  Bureau  of  buildings. 

TITLE  I. 

Borough  Officers, 

President;  qualifications,  term,  election,  salary. 

§  382.  There  shall  be  a  president  of  each  borough,  who  must 
be  a  resident  thereof  at  the  time  of  his  election  and  remain 
a  resident  thereof  throughout  his  term  of  office.  The  presi- 
dent and  his  successors  shall  be  elected  by  the 
electors  of  the  borouf^h  at  all  the  elections  whereat 
the  mayors  of  The  City  of  New  York  are  respec- 
tively to  be  elected.  The  president  shall  hold  his 
office  for  a  term  of  two  years,  commencing  at  noon 
on  the  first  day  of  January  next  after  his  election.  The 
salary  of  the  presidents  of  the  boroughs  of  Manhattan,  of  The 
Bronx  and  of  Brooklyn,  respectively,  shall  be  seven 
thousand  five  hundred  dollars  a  year,  and  the  salary  of  the 
presidents  of  the  boroughs  of  Queens  and  of  Richmond, 
respectively,  shall  be  five  thousand  dollars  a  year.  A  presi- 
dent of  a  borough  may  be  removed  in  the  same  manner  as  the 
mayor,  as  provided  in  other  sections  of  this  act.  Any  va- 
cancy in  the  office  of  president  caused  by  removal  from  the 
borough,  or  otherwise,  shall  be  filled  for  the  unexpired  term 
by  an  election  to  such  vacancy  made  by  a  majority  vote  of  all 
the  members  of  the  board  of  aldermen  then  in  office  repre- 
senting said  borough,  and  in  case  of  any  such  vacancy  it  shall 


102 


LAWS  OF  NEW  YORK. 


be  the  duty  of  the  mayor  forthwith  to  call  such  members  in 
session  for  such  an  election  and  to  preside  thereat;  but  he 
shall  not  vote  unless  his  vote  be  necessary  to  decide  tlie  elec- 
tion. 

President;  powers  and  duties. 

§  383.  The  president  of  a  borough  shall,  by  virtue  of 
his  office,  be  a  member  of  the  local  board  of  every  district 
of  local  improvements  in  his  borough,  and  chairman  thereof, 
entitled  to  preside  at  its  meetings  and  to  vote  as  any  other 
member.  He  shall  have  an  ol^ice  in  such  hall  or  public 
building  of  the  borough  as  the  board  of  aldermen  may 
by  resolution  direct.  He  may  appoint  and  at  pleasure  remove 
a  commissioner  of  public  works  for  his  borough,  who  may 
discharge  all  the  administrative  powers  of  the  president  of  the 
borough  relating  to  streets,  sewers,  public  buildings  and  sup- 
plies conferred  upon  him  by  this  act;  and  who  shall,  in  the 
absence,  or  illness  of  such  president  discharge  all  the  duties 
of  such  president.  He  shall  have  power  to  appoint  a  secretary 
and  such  assistants,  clerks  and  subordinates  as  he  may  deem 
necessary,  if  provision  be  made  therefor  by  the  board  of  esti- 
mate and  apportionment  and  the  board  of  aldermen.  The 
said  secretary,  assistants,  clerks  and  subordinates  shall  hold 
office  at  the  pleasure  of  the  president,  subject  to  the  pro- 
visions of  the  civil  service  laws.  He  shall,  within  the  borough 
for  which  he  shall  have  been  elected,  have  cognizance  and 
control : 

1.  Of  regulating,  grading,  curbing,  flagging  and  guttering 
of  streets  and  laying  of  crosswalks. 

2.  Of  constructing  and  repairing  public  roads. 

3.  Of  paving,  repaving,  resurfacing  and  repairing  of  all 
streets,  and  of  the  relaying  of  all  pavements  removed  for  any 
cause. 

4.  Of  the  laying  or  relaying  of  surface  railroad  tracks  in 
any  public  street  or  road,  of  the  form  of  rail  used,  or  character 
of  foundation,  and  the  method  of  construction,  and  of  the 
restoration  of  the  pavement  or  surface  after  such  work. 

5.  Of  the  filling  of  sunken  lots,  fencing  of  vacant  lots,  dig- 
ging down  lots,  and  of  licensing  vaults  under  sidewalks. 

6.  Of  the  removal  of  incumbrances. 

7.  Of  the  issue  of  permits  to  builders  and  others  to  use  or 
open  the  streets. 

8.  Of  the  construction  and  maintenance  of  all  bridges  and 


CHARTER  OF  NEW  YORK  CITY. 


tunnels  which  are  within  his  borough,  and  form  a  portion  of 
the  liighways  thereof,  except  such  bridges  as  cross  navigable 
streams. 

9.  Of  all  subjects  relating  to  the  public  sewers  and  drainage 
of  his  borough,  and  shall  initiate  the  making  of  all  plans  for 
the  drainage  of  his  borough,  except  as  otherwise  specihcally 
provided  in  this  act.  He  shall  have  charge  of  the 
construction  of  all  sewers  in  accordance  with  said  plans. 
He  shall  have  in  charge  the  management,  care  and  mainten- 
ance of  the  sewer  and  drainage  system  of  the  borough  of 
which  he  shall  be  president  and  the  licensing  of  all  cisterns 
and  cesspools. 

10.  Of  the  construction,  repairs,  cleaning  and  maintenance 
of  public  buildings,  including  markets,  except  schoolhouses, 
almshouses,  penitentiaries  and  fire  and  police  station  houses, 
and  other  buildings  whose  care  and  custody  are  otherwise 
provided  for  in  this  act. 

11.  Of  the  care  and  cleaning  of  all  offices  leased  or  occupied 
for  public  uses. 

12.  Of  the  location,  establishment,  care,  erection,  and  main- 
tenance of  the  public  baths,  public  urinals  and  public  comfort 
stations ;  and  of  the  placing  of  all  signs  indicating  the  names  of 
the  streets  and  other  public  places. 

The  president  of  each  borough  shall  prepare  all  contracts 
relating  to  his  borough,  subject  to  approval  as  to  form  by  the 
corporation  counsel.  He  shall  have  such  other  powers  as  are 
expressly  conferred  upon  him  by  this  act,  and  such  other 
powers  as  may  be  conferred  upon  him  by  the  board  of  alder- 
men. He  shall  make  an  annual  report  of  the  business  and 
transactions  of  his  borough  to  the  mayor. 

The  presidents  of  the  boroughs  of  Queens  and  Rich- 
mond shall,  each  for  the  borough  of  which  he  shall  have  been 
elected  president,  in  addition  to  the  powers  above  specified, 
have  cognizance  and  control : 

1.  Of  the  sweeping  and  cleaning  of  the  streets  of  the  bor- 
ough, and  of  the  removal  or  other  disposition  as  often  as  the 
public  health  and  the  use  of  the  streets  may  require,  of  ashes, 
street  sweepings,  garbage,  and  other  light  refuse  and  rubbish, 
and  of  the  removal  of  snow  and  ice  from  leading  thorough- 
fares and  from  such  other  streets  as  may  be  found  practicable. 

2.  Of  the  framing  of  regulations  controlling  the  use  of  side- 
walks and  gutters  by  abuttin,o-  owners  and  occupants  for  the 
disposition  of  sweepings,  refuse,  garbage  or  light  rubbish, 
within  the  borough,  which,  when  so  framed,  and  approved  by 


164 


LAWS  OF  NEW  YORK. 


the  boardof  aldermen, shall  be  published  in  like  manner  as  city 
ordinances,  and  shall  be  enforced  by  the  police  department  in 
the  same  manner  and  to  the  same  extent  as  such  ordinances, 
together  with  such  other  powers  concerning-  street  cleaning, 
as  are  expressly  conferred  upon  them  by  this  act. 

3.  The  said  presidents  of  the  boroughs  of  Queens  and  Rich- 
mond shall  have  power  to  appoint  such  subordinates  as  may 
be  necessary  to  enable  them  to  carry  into  effect  the  provisions 
of  this  act  regarding  cleaning  the  streets  of  his  borough,  but 
the  aggregate  salaries  of  such  officers  shall  not  exceed  in  any 
one  year  the  amount  appropriated  therefor  by  the  board  of 
estimate  and  apportionment  and  the  board  of  aldermen.  The 
said  presidents  of  the  boroughs  of  Queens  and  Richmond  shall, 
so  far  as  possible,  select  such  subordinates  from  the  members 
of  the  street  cleaning  department  employed  within  said  bor- 
oughs at  the  time  when  this  act  shall  take  effect.  The  said 
presidents  of  the  boroughs  of  Queens  and  Richmond  shall  have 
such  other  powers  relating  to  street  cleaning  within  said 
boroughs  as  are  conferred  upon  the  commissioner  of  street 
cleaning  by  sections  five  hundred  and  forty-one,  five  hundred 
and  forty-three,  five  hundred  and  forty-four  and  five  hundred 
and  forty-five  of  this  act. 

Whenever  by  any  of  the  provisions  of  this  act  powers  are 
conferred  or  duties  are  imposed  upon  a  president  of  a  borough, 
such  powers  may  be  exercised  and  such  duties  may  be  per- 
formed, upon  the  request  of  said  president,  by  the  commis- 
sioner of  public  works  of  said  borough,  if  such  official  shall 
have  been  appointed;  and  if  not,  by  any  subordinate  duly 
appointed  by  the  president  of  said  borough  under  the  powers 
conferred  upon  him  by  this  act,  and  duly  designated  thereto 
in  writing;  and  such  powers  and  duties  when  exercised  or 
performed  by  such  commissioner  of  public  works  or  other 
appointee  shall  be  regarded  as  having  been  exercised  or  per- 
formed by  such  president  in  the  same  manner  as  if  such  powers 
and  duties  had  been  actually  exercised  or  performed  by  such 
president  personally. 

President  to  call  meetings  of  local  board. 

§  384.  The  president  of  a  borough  shall  call  all 
meetings  of  the  various  local  boards  of  the  borough,  and  shall 
give  such  notice  thereof  to  the  members  as  the  ordinances  of 
the  board  of  aldermen  may  require.  And  he  shall 
certify  all  resolutions,  proceedings  and  determinations 
of  the  local  boards  of  the  districts  of  local  improvements  in 
his  borough. 


CHARTER  OF  NEW  YORK  CITY. 


165 


Halls  or  buildings  to  be  located  in  each  borough. 

§  385.  There  may  be  a  hall  or  public  building  or  buildings 
in  each  borough,  at  which  may  be  stationed  deputies  of  such 
of  the  various  administrative  departments  of  the  city  govern- 
ment, as  may  be  authorized  by  the  board  of  aldermen,  for  the 
greater  convenience  of  the  people  of  the  city  in  the  discharge 
of  the  duties  thereof,  provided  such  deputies  or  divisions 
shall  be  in  all  things  as  much  a  part  of  each  department  re- 
spectively, and  as  fully  under  the  head  thereof,  as  if  the  ad- 
ministrative force  of  said  department  were  seated  wholly  in 
one  building. 

Employment  of  engineers  and  architects. 

§  386.  The  president  of  each  borough  may  at  any  time  em- 
ploy, when  thereto  authorized  by  the  board  of  estimate  and 
apportionment  and  the  board  of  aldermen,  a  consulting  engi- 
neer, who  shall  be  an  expert  in  all  matters  relating  to  sewers 
and  highways,  and  who  shall  have  had  fifteen  years'  ex- 
perience as  a  civil  engineer;  and  a  consulting  engineer  of 
public  buildings,  who  shall  be  an  expert  in  the  matter  of  con- 
struction, repair  and  maintenance  of  public  buildings;  and  a 
consulting  architect,  who  shall  be  an  architect  of  recognized, 
scientific  and  artistic  standing  of  not  less  than  fifteen  years' 
experience.  All  other  engineers  or  assistant  engineers  ap- 
pointed by  or  under  the  authority  of  a  borough  president  must 
be  civil  engineers  of  at  least  ten  years'  experience. 

The  office  of  commissioner  of  street  improvements  in  the  twenty- 
third  and  twenty =fourth  wards  abolished;  devolution  of  powers. 

§  387.  The  office  of  commissioner  of  street  improve- 
ments of  the  twenty-third  and  twenty-fourth  wards  of  the  city 
of  New  York,  created  by  chapter  five  hundred  and  forty-five  of 
the  laws  of  eighteen  hundred  and  ninety,  is  hereby  abolished, 
and  all  the  powers,  privileges  and  duties  of  the  said  commis- 
sioner of  street  improvements  for  the  said  twenty-third  and 
twenty- fourth  wards,  which  in  any  way  relate  to  the  regulat- 
ing, grading,  regrading,  curbing,  flagging  and  guttering  of 
streets,  laying  of  crosswalks,  the  constructing  and  repairing 
of  public  roads,  paving,  repairing  and  repaving  of  all  streets 
arid  the  relaying  of  all  pavements  removed  for  any  cause,  of 
the  filling  of  sunken  lots,  or  which  in  any  way  relate  to  the 
sewers  and  drainage  of  the  said  twenty-third  and  twenty- 
foiu'th  wards,  and  to  the  construction,  repair  and  cleansing  of 


im  LAWS  OF  NEW  YORK. 

sewers  and  underground  drains,  and  of  the  licensing  of  the 
cisterns  and  cesspools  therein,  and  of  all  matters  in  any  way 
relating  to  the  construction,  maintenance  and  care  of  the  sewer 
system  and  drainage  of  said  wards,  are  hereby,  so  far  as  the 
same  are  consistent  with  the  requirements  of  this  act,  devolved 
upon  the  president  of  the  borough  of  the  Bronx,  and  are  to  be 
exercised  and  performed  by  him  or  by  the  commissioner  of 
public  works  appointed  by  him  according  to  the  provisions  of 
this  act. 

Devolution  of  powers  of  former  officers;  highways. 

§  388.  All  powers  and  duties  which  on  the  first  day 
of  January,  nineteen  hundred  and  two,  are  conferred  upon 
the  commissioner  of  highways  of  The  City  of  New  York, 
and  all  powers  and  duties  which  on  December  thirty-first, 
eighteen  hundred  and  ninety-seven,  were  conferred  upon 
the  corporation  heretofore  known  as  the  mayor,  aldermen 
and  commonalty  of  the  city  of  New  York,  or  upon  any 
board  or  officer  thereof,  or  upon  the  corporation  known  as 
the  city  of  Brooklyn,  or  upon  any  board  or  officer  thereof,  or 
upon  the  corporation  known  as  Long  Island  City,  or  upon  any 
board  or  ofificer  thereof,  and  upon  any  other  municipal  corpora- 
tion, town  or  village,  within  the  county  of  Richmond,  or  within 
the  county  of  Queens,  in  any  way  relating  to  the  regu- 
lating, grading,  regrading,  curbing,  flagging,  and  guttering  of 
streets,  the  laying  of  crosswalks,  the  constructing  and  repair- 
ment  of  public  roads,  paving,  repaving  and  repairing  of  all 
streets,  and  the  relaying  of  all  pavements  removed  for  any 
cause,  the  filling  of  sunken  lots,  and  all  matters  directly  related 
thereto,  are  hereby  vested  in  The  City  of  New  York,  as  consti- 
tuted by  this  act,  and  as  matter  of  administration  devolved 
upon  the  president  of  the  borough  within  which  is  situated 
the  territory  to  which  or  to  the  official  representatives  of 
which  said  powers  and  duties  heretofore  appertained,  and  by 
him  are  to  be  executed  pursuant  to  the  provisions,  directions 
and  limitations  of  this  act. 

Devolution  of  powers  of  former  officers;  sewers. 

§  389.  All  powers  and  duties  heretofore  conferred 
upon  The  City  of  New  York  as  heretofore  known  and  bounded, 
or  any  of  the  ofificers  thereof,  or  upon  the  city  of  Brooklyn,  or 
any  of  the  officers  thereof,  or  upon  Long  Island  City  or  any  of 
the  officers  thereof,  or  upon  any  board  or  public  ofificers  actin.c: 


* 


CHARTER  OF  NEW  YORK  CITY. 


167 


within  any  of  the  territory  of  the  county  of  Richmond,  or 
within  that  part  of  the  territory  of  the  county  of  Queens,  here- 
by annexed  by  this  act  to  the  corporation  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New  York,  and  by 
this  act  consoHdated  into  one  municipal  corporation,  which 
in  any  way  relate  to  the  public  sewers  and  drainage  of  the  said 
cities,  municipal  corporations,  town  or  territory,  and  to  the 
construction,  repair  and  cleansing  of  sewers  and  underground 
drains  and  of  the  licensing  of  cisterns  and  cesspools  therein 
and  to  all  matters  in  any  way  concerning  the  construction  and 
care  of  the  sewer  system  and  drainage  thereof,  so  far  as  such 
powers  and  duties  are  consistent  with  and  conformable  to  the 
provisions  of  this  act,  are  hereby  vested  in  The  City  of  New 
York,  and  as  matter  of  administration  devolved  upon  the 
president  of  the  borough  within  which  is  situated  the  terri- 
tory to  which  or  to  the  official  representatives  of  which  said 
powers  and  duties  heretofore  appertained,  to  be  by  him  exe- 
cuted in  accordance  with  the  provisions,  directions  and 
limitations  of  this  act. 

Maps,  etc.,  to  be  returned  over  to  borough  presidents. 

§  390.  The  commissioner  of  highways  and  the  commis- 
sioner of  sewers,  as  constituted  by  chapter  three  hundred  and 
seventy-eight  of  the  laws  of  eighteen  hundred  and  ninety- 
seven,  are  hereby  respectively  required  and  directed  to  turn 
overhand  deliver,  on  the  first  day  of  January,  nineteen  hundred 
and  two,  to  the  several  borough  presidents  of  the  various  bor- 
oughs included  within  The  City  of  New  York,  so  far  as  the 
same  shall  apply  to  the  borough  of  which  each  is  president,  all 
maps,  plans,  models,  surveys,  books  and  papers  relating  to 
highways  or  to  sewers,  filed  with  or  communicated  to  said 
commissioners  respectively  or  turned  over  to  them  or  either  of 
them  by  his  or  their  predecessors,  and  all  official  records  and 
papers  of  every  kind  in  the  possession  of  them  or  either  of 
them.  And  the  commissioner  of  public  buildings,  lighting 
and  supplies  as  constituted  by  chapter  three  hundred  and 
seventy-eight  of  the  laws  of  eighteen  hundred  and  ninety- 
seven  is  hereby  required  and  directed  to  turn  over  and  deliver 
to  the  various  borough  presidents,  on  the  first  day  of  January, 
nineteen  hundred  and  two,  all  maps,  plans,  models,  books  and 
papers,  and  all  official  records  and  papers  of  every  kind  in  his 
possession,  relating  to  the  designing,  construction  and  main- 
tenance of  public  buildings,  to  each  president  such  plans  a'^ 
pertain  to  the  borough  within  which  he  has  jurisdiction. 


168 


LAWS  OF  NEW  YOKK. 


Permit  for  removals  of  pavements,  etc.;  procedure  in  case  of  pave= 
ments  relaid,  etc. 

§  391.  No  removal  of  the  pavement  or  disturbance 
of  the  surface  of  any  street  for  the  purpose  of  con- 
structing vaults  or  lateral  ways,  digging  cellars,  laying  foun- 
dations of  buildings  or  other  structures,  makmg  sewer  con- 
nections, or  repairing  sewers  or  pipes,  of  laying  down  gas 
and  water  pipes,  steam  pipes  and  electric  wires,  or  intro- 
ducing the  same  into  buildings,  or  for  any  purpose  whatever, 
shall  be  made  until  a  permit  is  first  had  from  the  president 
of  the  borough  where  the  work  is  to  be  done;  and  whenever 
any  portion  of  the  pavement  in  any  street  or  avenue  in  said 
city  shall  have  been  removed  for  any  of  these  purposes,  and 
such  pavement  shall  not  be  relaid  in  a  manner  satisfactory  to 
the  president  of  said  borough,  the  said  president 
may  cause  a  notice,  in  writing,  to  be  served  upon 
the  person  or  corporation  by  whom  the  same  was  removed; 
or  if  such  removal  was  for  the  purpose  of  making  con- 
nection between  any  house  or  lot,  or  any  sewer  or  pipes  in 
the  street,  or  for  constructing  vaults,  or  otherwise  improving 
any  house  or  lot,  upon  the  owner  or  occupant  of  such  house 
or  lot,  requiring  such  person  or  corporation,  or  the  owner  or 
occupant  of  such  house  or  lot,  to  have  such  pavement  properly 
relaid  within  five  days  after  service  of  such  notice.  Such 
notice  may  be  served  upon  the  owner  or  occupant  of  a  house 
or  lot  by  leaving  the  same  with  any  person  of  adult  age  upon 
said  premises,  or  posting  the  same  thereupon;  in  case  such 
pavement,  or  portion  thereof,  shall  not  be  relaid  to  the  satis- 
faction of  said  borough  president  within  the  time 
specified  in  such  notice,  it  shall  be  lawful,  and  au- 
thority is  hereby  given  to  said  borough  president  to 
liave  such  pavement,  or  the  portion  thereof  which  shall  have 
been  so  unsatisfactorily  laid,  put  in  proper  order  and  repair, 
in  such  manner  as  he  may  deem  best,  on  account 
of  the  person  or  corporation  by  whom  such  pavement 
was  removed,  or  of  the  owner  of  the  premises  for  whose  benefit 
such  removal  was  made.  Upon  the  costs  of  such  work  being 
certified  to  the  comptroller  of  The  City  of  New  York  by  the 
said  borough  president,  with  a  description  of  the  lot 
or  premises  to  improve  which  such  removal  was  made, 
said  comptroller  shall  pay  the  same,  and  the  amount  so  paid 
shall  become  a  lien  and  charge  upon  the  premises  so  described, 
and,  on  being  certified  by  the  comptroller  to  the  collector  of 
assessments  and  arrears,  may  be  collected  in  the  same  manner 


CHARTER  OF  NEW  YORK  CITY. 


169 


that  arrears  and  water  rates  are  collected  under  the  direction 
of  such  collector  of  assessments  and  arrears.  But  nothing 
herein  contained  shall  be  deemed  to  prohibit  said 
borough  president  from  demanding,  before  issuing  said 
permit,  and  as  a  condition  thereof,  the  deposit  of  such 
sum  of  money  or  other  security  as,  in  his  judgment,  may  be 
necessary  to  pay  the  cost  of  properly  relaying  the  pavement 
so  removed,  together  with  the  expense  of  the  inspection 
thereof. 

Overflow  sewers;  where  discharged. 

§  392.  Any  overflow  sewers  which  may  be  deemed 
necessary  for  the  relief  of  any  main  sewers  now  constructed 
or  which  may  hereafter  be  constructed  in  said  city,  may  be 
discharged  into  the  waters  adjacent  to  said  city,  or  into  the 
Gowanus  canal,  or  any  other  canal  or  inlet  in  said  city,  at  such 
points  as  in  the  judgment  of  the  president  of  the  bor- 
ough in  which  said  overflow  sewer  is  located  may  be  most 
convenient. 

Canals  to  be  kept  free  from  obstructions. 

§  393.  It  shall  be  the  duty  of  The  City  of  New  York 
to  keep  any  canal  free  from  any  obstructions  that  may 
be  occasioned  by  reason  of  the  emptying  of  said  overflow 
sewers  into  it,  and  for  that  purpose  the  president  of  the  bor- 
ough in  which  such  canal  is  located  is  authorized  and  directed 
to  dredge  the  same  from  time  to  time. 

Power  to  construct  temporary  sewers,  expenses  of  same. 

§  394.  Whenever  it  shall  become  necessary  to  con- 
struct a  sewer  or  drain  for  the  purpose  of  preventing  damage 
to  property  or  to  abate  a  nuisance,  and  it  shall  become  imprac- 
ticable to  proceed  immediately  to  the  construction  of  the  same 
in  accordance  with  any  plan  already  adopted,  on  the  approval 
of  the  board  of  estimate  and  apportionment,  the 
president  of  the  borough  within  which  such  necessity 
arises  shall  have  power  to  construct  a  temporary  sewer  or  drain 
in  such  manner  as  to  avoid  such  damage  or  to  abate  such 
nuisance,  and  the  cost  of  such  temporary  sewer  or  drain  shall 
be  assessed  upon  the  property  draining  into  the  same  and  bene- 
fited thereby.  And  such  assessments  shall  be  enforced,  levied 
and  collected  in  the  manner  provided  in  chapter  seventeen  of 
this  act. 


LAWS  OF  NEW  YORK. 


Permits  for  construction  of  private  sewers;  procedure;  becomes  prop- 
erty of  city  when  paid  for  by,  etc. 

§  395.  A  permit  for  the  construction  of  sewers  in 
the  streets  of  said  city  by  private  property  owners  shall  only  be 
granted  upon  the  parties  proposing  to  construct  such  sewer 
first  filing  with  the  president  of  the  borough  where 
said  sewer  is  to  be  constructed  plans  and  specifica- 
tions of  such  proposed  sewer,  conforming  to  the  gen- 
eral plan  for  the  construction  of  public  sewers  in  said  city, 
and  a  duplicate  copy  of  the  contract  for  the  construction  of 
such  sewer,  showing  the  cost  of  the  construction  thereof,  to- 
gether with  a  satisfactory  guarantee  to  said  borough 
president  for  the  payment  of  the  necessary  expense 
of  said  department  of  sewers,  in  the  supervision  of  the  con- 
struction of  said  sewer.  And  upon  approval  of  such  plans, 
specifications  and  contracts,  by  the  said  borough 
president,  he  shall  issue  his  permit  for  the  con- 
struction of  such  proposed  sewer  and  shall  forth- 
with request  ihe  board  of  assessors  to  apportion  the  cost  of 
the  construction  of  said  sewer  according  to  actual  benefit  be- 
tween the  several  parcels  of  property  abutting  on  each  side 
of  that  part  of  the  street  through  which  said  sewer  shall  be 
constructed.  The  said  board  of  assessors  shall  as  soon  as 
practicable  report  such  apportionment  of  such  cost  to  the 
said  borough  president.  Said  borough  president  shall  grant 
permits  for  connection  with  said  sewer,  to  be  constructed  as 
aforesaid,  only  to  such  owners  or  occupants  of  the  property 
abutting  on  that  part  of  such  street  through  which  said  sewer 
shall  be  constructed  as  shall  produce  to  said  bor- 
ough president  satisfactory  proof  of  the  payment  by 
him  or  them  to  the  parties  who  constructed  and  paid 
for  such  sewer,  of  the  amount  of  the  proportionate  part  of 
the  cost  of  the  construction  of  said  sewer  apportioned  as 
aforesaid  to  the  property  sought  to  be  connected  with  said 
sewer,  and  no  permit  shall  be  issued  for,  nor  shall  any  con- 
nection be  allowed  with  said  sewer,  nor  with  any  sewer  here- 
tofore constructed  by  the  owners  of  the  abutting  property 
by  private  contract  from  any  abutting  property  until  the  pro- 
portionate part  of  the  expense  of  the  construction  of  such 
sewer  shall  have  been  paid  to  the  parties  entitled  thereto  by 
the  owners  of  such  abutting  property,  and  satisfactory  proof 
thereof  made  to  said  borough  president.  And  when 
constructed,  except  for  the  purpose  of  supervision, 
maintenance   and   use   by   The    City   of    New   York  in 


CHARTER  OF  NEW  YORK  CITY. 


171 


connection  with  its  public  sewer  system,  said  sewer 
shall  be  deemed  the  private  property  of  the  persons  who  shall 
have  paid  for  its  construction  until  the  owners  of  all  the 
property  abutting  on  that  part  of  the  street  or  avenue  in 
which  said  sewer  shall  be  laid,  shall  have  paid  their  several 
shares  of  the  cost  of  the  construction  of  said  sewer,  but  when 
the  same  shall  have  been  fully  paid  for  by  all  the  owners  of- 
abutting-  property,  then  the  same  shall  be  the  property  of 
The  City  of  New  York,  and  deemed  to  have  been  fully  dedi- 
cated to  said  city. 

Id.;  power  to  acquire  lands  for  sewers. 

§  396.  The  City  of  New  York  is  authorized  to  ac- 
quire title  for  the  use  of  the  public  to  all  or  any  of  the  lands  and 
premises  required  for  sewers,  or  to  easements  therein  for  that 
purpose,  whether  the  same  be  above  or  below  high-water 
mark  or  under  water.  The  board  of  estimate  and  apportion- 
ment, at  the  request  of  the  president  of  the  borough  where 
such  lands  are  located,  is  authorized  to  direct  the  same  to 
be  done.  It  shall  be  the  duty  of  the  corporation  counsel, 
when  requested  in  writing  by  the  board,  of  estimate 
and  apportionment,  immediately  to  institute  a  proceeding  to 
acquire  title  for  the  use  of  the  public  to  lands  and  premises 
or  easements  therein,  required  for  the  building  of  sewers  or 
drains,  in  the  same  manner  that  is  provided  by  this  act  for  the 
acquisition  of  lands  for  the  purpose  of  opening  streets.  The 
expenses  incurred  in  the  acquisition  of  such  lands  and  prem- 
ises, with  the  buildings  and  improvements  thereon,  so  far  as 
the  same  shall  be  taken  in  such  a  proceeding,  shall  be  assessed 
in  accordance  with  tlie  provisions  of  this  act  relating  to  the 
opening  of  streets  upon  all  the  property  deemed  by  the  com- 
missioners of  estimate  and  assessment  appointed  in  such  pro- 
ceeding to  be  benefited  by  the  acquisition  of  such  lands  for 
such  purpose,  and  upon  the  owners  thereof  or  persons  inter- 
ested therein. 

Proposals  and  contracts  for  sewerage  work. 

§  397.  The  president  of  each  borough,  upon  the  completion 
of  the  plan  of  sewerage  of.  any  district  within  the  borough  of 
which  he  is  president,  upon  the  filing  of  copies  thereof,  or 
as  soon  thereafter  as  may  be  deemed  convenient  and  neces- 
sary, shall  cause  printed  specifications  to  be  made  in  accord- 
ance with  said  plan  of  the  work  proposed  to  be  done  in  said 


172 


LAWS  OF  NEW  YORK. 


i 


district,  and  shall  thereupon  invite  proposals  in  the  manner 
now  required  by  law,  and  shall  contract  for  the  whole  or  any 
part  of  the  work  in  said  district. 

Borough  president  authorize;^  to  purchase  supplies. 

§  398.  In  order  to  provide  for  the  more  effectual  and 
economical  construction  of  sewers,  the  president  of  any  bor- 
ough, may  contract  in  pursuance  of  law  for  such  materials 
used  in  the  construction  of  sewers  within  the  borough  of 
which  he  is  president  and  in  such  quantities  as  he  may  deem 
proper;  and  it  shall  be  the  duty  of  the  comptroller  out  of  the 
appropriate  fund  or  from  the  proceeds  of  assessment  bonds 
authorized  to  be  issued,  upon  the  requisition  of  said  borough 
president,  to  pay  for  such  materials,  and  the  expenses  for  en- 
gineers, surveyors,  inspectors  or  other  persons  employed  by 
authority  of  said  borough  president  in  the  construction  of 
sewers. 

Penalty  for  injury  to  sewers. 

§  399.  All  provisions  of  law  creating  civil  and  crim- 
inal liabilities  from  wrongs  and  injuries  done  to  the  water- 
works of  The  City  of  New  York,  and  providing  remedies  for 
the  redress  thereof,  and  the  prosecution  and  punishment  of 
persons  committing  the  same,  shall  apply  in  like  manner  and 
extent  to  wrongs  and  injuries  done  to  sewers  in  the  said  city. 

Construction  of  lateral  sewers  on  behalf  of  private  owners. 

§  400.  Whenever  a  majority  in  amount,  according  to  the 
last  preceding  assessment,  of  the  owners  of  land  com- 
prising at  least  thirty  acres  in  one  body  shall  petition  for  leave 
to  construct  and  connect  lateral  sewers  in  and  upon 
the  land  in  question  the  president  of  the  borough  within 
which  said  lands  shall  be  located  shall,  unless  the  same  has 
already  been  doi:e,  prepare  plans  and  specifications  of  such 
proposed  sewers  conforming  to  the  general  plan  for  the  con- 
struction of  public  sewers  in  said  city.  A  copy  of  said  plans 
and  specifications  shall  be  filed  in  the  office  of  the  said  bor- 
ough president.  The  president  of  said  borough  may  require 
a  guaranty  satisfactory  to  himself  for  the  payment  of  the 
necessary  expense  of  the  preparation  of  such  plans  and  speci- 
fications. Upon  the  approval  of  such  plans  and  specifications 
by  the  said  borough  president,  he  shall,  at  the  request  of  the 
petitioners,  cause  bids  to  be  advertised  according  to  law  for 


CHARTER  OF  NEW  YORK  CITY. 


173 


the  building  of  any  portion  of  said  sewers  to  be  named 
by  said  petitioners,  but  not  less  than  ten  thousand  dollars 
in  amount  (or  one  mile  in  length).    Upon  the  opening  of 
said  bids  the  said  borough  president^  may  award  the  said  con- 
tract, as  provided  by  law,  but  conditioned  upon  the  deposit 
of  the  amount  thereof  by  or  on  behalf  of  the  petitioners  as 
hereinafter  provided.   Thereupon  the  said  borough  president 
shall  notify  in  writing  said  petitioners  and  the  comptroller  of 
such  award  and  the  amount  that  will  be  required  thereunder  to 
construct  and  build  the  said  sewers.  Within  thirty  days  there- 
after the  said  petitioners  shall  pay  or  cause  to  be  paid  to  the 
comptroller  of  The  City  of  New  York  a  sum  equal  to  the 
amount  necessary  to  construct  and  build  the  said  sewers 
covered    by    said    contract.    If    the    petitioners  shall 
not     pay     such     money     to     the     comptroller  within 
the    time    aforesaid,    then    all    proceedings  hereunder 
shall    be    null    and    void,    and    after    deducting  from 
the  money  already  deposited  by  or  on  behalf  of  the  peti- 
tioners, or  secured  by  them  to  be  paid,  the  amount  of  all  ex- 
penses in  connection  with  said  proposed  sewers,  the  comp- 
troller shall  return  the  balance  of  said  money,  if  any,  to  the 
petitioners  or  their  assigns.    If  the  petitioners  shall  deposit 
fhe  money  for  the  purpose  of  carrying  out  said  contract,  is 
above  provided,  the  said  borough  president  shall  duly  award 
said  contract  to  the  bidder  entitled  thereto,  and  shall  proceed 
to  the  construction  and  completion  of  said  sewers.  When 
the  said  sewers  shall  have  been  completed,  the  said  borough 
president   shall    deliver  to   and   file   with   the  comptrol- 
ler   and    also    with    the    board     of    assessors    of  said 
city    a    certificate    setting    forth     the     amount    of  the 
entire  cost  of  such  portion  of  said  sewers,  including  the  interest 
accrued  on  said  deposit  to  the  date  of  said  certificate,  together 
with  a  map  and  statement  showing  the  location  and  general 
character  of  the  sewer.    Thereupon  said  board  of  assessors 
shall  apportion  and  assess  the  cost  of  said  sewers  and  the  other 
expenses  arising  under  this  act  upon  the  lands  and  premises 
affected  thereby  in  proportion  to  the  amount  of  benefit  derived 
by  each  of  said  lots  without  regard  to  the  assessed  valuation 
thereof,  as  in  their  judgment  shall  be  just,  and  shall  prepare 
a  list  showing  the  separate  parcels  so  benefited,  and  the 
amounts  so  assessed  upon  the  same  respectively,  and  thereupon 
the  same  proceedings  shall  be  had  for  confirmation  of  said 
assessment  and  apportionment  as  is  provided  in  this  charter, 
and  said  assessment  and  apportionment  shall  include  interest 


174 


LAWS  OF  NEW  YORK. 


to  the  date  of  such  confirmation.    The  confirmation  of  said 
assessment  and  apportionment  shall  be  final  and  conclusive 
upon  all  owners  of  land  and  all  persons  affected  thereby.  The 
board  of  assessors  sliall  thereupon  divide  the  amount  propor- 
tioned and  assessed  upon  each  parcel  of  land  affected  thereby 
into  twenty  equal  annual  parts  or  instalments,  together  with 
interest  upon  each  instalment  at  the  rate  of  six  per  centum  per 
annum  from  the  date  of  such  confirmation  of  the  apportion- 
ment and  assessment  to  the  first  day  of  December  in  each  said 
twenty  years  successively,  and  shall  duly  enter  their  said 
apportionment  and  assessment,  with  interest  as  aforesaid,  and 
in  said  twenty  yearly  instalments,  in  books  which  they  shall 
properly  certify.    Thereupon  said  board  shall  deliver  to  and 
file  in  the  offices  of  the  comptroller  and  of  the  collector  of 
assessments  and  arrears,  respectively,  one  copy  of  said  books 
of  apportionment  and  assessment.    On  the  first  day  of  Sep- 
tember in  each  of  said  twenty  years,  respectively,  the  said 
assessment  for  said  year  shall  be  and  become  a  lien  upon  the 
lands  or  parcels  of  land  affected  thereby,  and  the  said  filing 
in  his  office  of  the  said  apportionment  and  assessment  shall 
be  to  the  collector  of  assessments  and  arrears  a  full  and  proper 
warrant  for  collecting  the  instalments  so  levied,  as  they  re- 
spectively become  due  in  each  year.    The  said  instalments  so 
levied  shall  in  each  case  be  due  and  payable  on  the  first  day 
of  December  in  each  year,  and  according  to  said  apportionment 
and  assessment,  and  shall  be  collected  in  the  same  manner 
and  subject  to  the  same  rebate  and  default  as  is  provided  by 
law  in  the  case  of  assessments  in  the  said  city  affectmg  the 
lands  in  question,  and  all  the  provisions  of  law  applicable  to 
the  sale  of  lands  for  the  non-payment  of  assessments  in  the 
said  city  affecting  the  lands  in  question  shall  apply  to  the  said 
assessments  provided  for  herein.    Each  one  of  the  said  sev- 
eral annual  instalments  levied  as  aforesaid  in  each  year  shall, 
notwithstanding  any  other  provisions  of  this  charter,  be  a  lien 
upon  the  lands  or  parcels  of  land  affected  thereby  only  from 
the  time  the  same  shall  be  respectively  levied.    The  owner 
of  any  parcel  of  land  so  assessed  may  at  any  time  after  the 
Hrst  instalment  shall  have  become  due  and  payable,  pay  to  the 
comptroller  of  The  City  of  New  York  all  the  instalments  not 
levied  of  the  sum  made  chargeable  on  said  land,  as  ascertained 
by  the  board  of  assessors  as  provided  for  in  this  section,  with 
the  proper  deduction  or  rebate  for  any  interest  for  any  period 
subsequent  to  the  date  of  said  payment  and  included  in  said 
unpaid  instalments  respectively  upon  said  books.  Thereupon 


CHARTER  OF  NEW  YORK  CITY.  175 


the  said  land  shall'  be  discharged  from  all  further  liability  on 
account  of  such  assessments.  For  the  purpose  of  making- 
such  payment,  such  owner  shall  present  to  the  comptroller  the 
certificate  of  the  collector  of  assessments  and  arrears  showing 
the  amount  of  the  said  instalments  not  levied  and  paid,  and 
upon  receiving  such  payment  the  comptroller  shall  certify  the 
same  to  the  collector  of  assessments  and  arrears,  who  shall 
thereupon  cancel  the  assessments  so  paid.  The  collector  of 
assessments  and  arrears  shall  cause  to  be  printed  on  all  bills 
made  out  in  his  office  for  instalments  of  said  assessments  a 
reference  to  this  section  and  a  notification  that  the  remaining 
instalments  may  be  paid  and  cancelled  in  the  manner  herein 
provided.  Whenever  the  petitioners  or  their  assigns  or  nom- 
inees shall  have  paid,  or  shall  have  caused  to  be  paid,  to  the 
comptroller  the  sum  of  money  required  to  construct  and  build 
said  sewers  or  any  portion  thereof,  as  specified  in  the  said 
contract  or  contracts,  they  shall  be  entitled  to  receive  the 
moneys  and  all  interest  thereon  to  be  assessed  and  collected 
under  this  act,  and  all  such  moneys  and  interest  so  collected 
upon  said  assessment  shall  forthwith  be  paid  over  to  the  said 
petitioners,  or  their  nominees  or  assigns.  Whenever  the  said 
money  shall  have  been  so  paid  by  said  petitioners,  or  their 
nominees  or  assigns,  the  comptroller  shall  execute  to  the  person 
or  corporation  so  paying  said  money  a  certificate  in  writing, 
stating  that  said  money  has  been  so  paid,  and  that  the  person 
or  corporation  holding  said  certificate  is  entitled  to  receive  the 
money  so  assessed  together  with  interest  thereon  at  the  rate 
of  six  per  centum  per  annum,  and  that  the  city  will  pay  over 
from  time  to  time  said  moneys  and  interest  as  they  shall 
be  received  and  collected  under  this  section.  The  peti- 
tioners, or  their  assigns,  may  from  time  to  time  designate  va- 
rious portions  of  said  sewers,  not  less  than  the  amount  above 
specified,  to  be  built  and  completed  as  herein  provided,  and 
thereupon  the  same  proceedings  as  above  provided  shall  be 
taken  for  the  building  and  completing  of  the  said  sewers  so 
successively  designated,  and  for  assessing  and  collecting  the 
amounts  expended  for  constructing  said  sewers.  In 
construing  this  section,  sewers  twenty-four  inches  or 
less  in  diameter  shall  be  deemed  to  be  lateral  sewers,  and  all 
sewers  exceeding  twenty-four  inches  in  diameter  shall  be 
deemed  to  be  trunk  sewers.  If,  in  any  case,  the  moneys  de- 
posited with  the  comptroller  shall  exceed  the  cost  of  building 
and  completing  the  sewers  for  which  the  said  moneys  were 
deposited,  the  comptroller  shall,  upon  ascertaining  this  fact, 
pay  over  such  surplus  to  the  petitioners  or  their  assigns  or 


176 


LAWS  OF  NEW  YOKK. 


nominees.  If  the  moneys  so  deposited  shall  not  be  found 
sufficient  to  complete  the  sewers  for  which  the  same  were  de- 
posited, then  the  comptroller  may  demand  of  the  petitioners 
or  their  assigns  or  nominees  the  balance  required  to  build 
and  complete  said  sewers,  and  in  case  of  their  failure  to  pay 
the  same,  the  comptroller  may  retain  any  such  balance  out 
of  the  first  moneys  coming  into  his  hands  from  assessments 
upon  the  property  upon  which  the  said  sewers  were  con- 
structed. The  petitioners  shall  have  the  right  to  appoint  in 
writing  an  attorney  or  nominee  to  represent  them  in  relation 
to  said  sewers  before  any  of  the  authorities  of  the  city,  and  to 
receive  any  moneys  payable  hereunder  or  do  any  act  or  re- 
ceive any  notice  required  hereunder.  Such  appointment  of  a 
nominee  or  attorney  shall  be  irrevocable  without  the  consent 
of  said  nominee  or  attorney.  Nothing  herein  contained  shall 
in  any  way  prevent  The  City  of  New  York  from  taking  such 
action  as  it  may  deem  proper  to  build  lateral  sewers  upon  or 
do  any  other  act  in  relation  to  any  of  the  property  mentioned 
in  said  petition.  This  section  shall  apply  to  the  boroughs  of 
Brooklyn  and  Queens  in  The  City  of  New  York. 

Construction  of  sewage  disposal  works  or  plants  and  appurtenances, 
and  providing  for  the  payment  of  the  cost  thereof  by  local 
assessment. 

§  401.  Wherever  in  this  act  known  as  "the  Greater 
JSIew  York  Charter,"  or  in  any  other  act  or  acts  applicable  to 
The  City  of  New  York,  or  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York,  the  words  "  sewer  "  or  sewers  " 
or  the  words  construction,  repairing  and  cleansing  of  sewers 
and  underground  drains,"  or  the  words  "  map  or  plan  for  the 
proper  sewerage  and  drainage,"  or  the  words  "  the  construc- 
tion and  care  and  maintenance  of  the  sewer  system  and  drain- 
ages," or  the  words  "  local  improvement "  shall  occur,  the 
said  words  shall  be  construed  to  include  and  to  mean  sewage 
disposal  works  or  plants,  and  the  necessary  appurtenances 
thereto.  It  is  the  intent  and  meaning  of  this  section  that 
sewage  disposal  works  or  plants  and  the  necessary  appur- 
tenances thereto,  shall  be  construed  as  being  a  part  and  parcel 
of  a  sewer,  and  the  cost  of  constructing  and  erecting  the  same 
shall  be  paid  for  by  local  assessments  upon  the  property  deemed 
to  be  benefited  thereby  in  the  same  way  as  the  cost  of  construct- 
ing a  sewer  and  appurtenances  is  paid  for  in  The  City 
of  New  York,  and  the  cost  of  repairing,  cleansing  and  main- 
taining such  sewage  disposal  works  or  plants  and  appur- 
tenances, shall  be  paid  for  in  the  same  way  as  the  cost  of 


CHARTER  OF  NEW  YORK  CITY. 


177 


repairing,  cleansing  and  maintaining  sewers  and  underground 
drains  are  paid  for.  Power  and  authority  to  con- 
struct and  erect  and  maintain  sewage  disposal  works  or  plants 
and  the  necessary  appurtenances  thereto  in  The  City  of  New 
York  is  hereby  granted  to  the  same  authorities  as  the  power 
to  construct  sewers  and  appurtenances  is  granted,  such  con- 
struction and  erection  and  maintenance  to  be  done  under  and 
pursuant  to  and  in  compliance  with  the  same  laws  and  regula- 
tions as  apply  to  the  construction  and  maintenance  of  sewers 
and  appurtenances  thereto. 

TITLE  2. 

Bureau  of  Buildings. 
Appointment  of  superintendents;  qualifications;  jurisdiction;  salaries. 

§  405.  There  shall  be  in  the  office  of  each  borough  presi- 
dent  a   bureau  to  be  known  as  "  the  bureau  of  buildings 

for  the  borough  of  The  presidents  of  the  boroughs 

of  Manhattan,  The  Bronx  and  Brooklyn  shall,  each  within  the 
borough  for  which  he  is  elected,  appoint  a  superintendent  of 
buildings  for  the  borough.  The  presidents  of  the  boroughs 
of  Queens  and  Richmond  may,  whenever  appropriation  is  made 
therefor  by  the  board  of  aldermen  upon  the  recommendation 
of  the  board  of  estimate  and  apportionment,  each  within  the 
borough  for  which  he  is  elected,  in  like  manner  appoint  a  super- 
intendent of  buildings  for  the  borough.  Every  superintendent 
of  buildings  so  appointed  shall  be  a  competent  architect  or 
builder  of  at  least  ten  years'  experience.  The  president  of  a 
borough  may,  whenever  in  his  judgment  the  public  interests 
shall  require,  remove  the  superintendent  of  buildings  of  his 
borough.  Every  such  superintendent  shall  hold  office  until 
his  successor  is  appointed  and  has  qualified.  The  salaries  of 
the  superintendents  of  buildings  in  the  boroughs  of  Man- 
hattan, The  Bronx  and  Brooklyn  shall,  unless  otherwise  fixed 
as  provided  in  this  act,  be  five  thousand  dollars  a  year.  The 
salary  of  the  superintendent  of  buildings  in  the  borough 
of  Queens  (if  that  office  is  created)  shall,  unless  otherwise 
fixed  as  provided  in  this  act,  be  three  thousand  five  hundred 
dollars  a  year.  The  salary  of  the  superintendent  of  buildings 
in  the  borough  of  Richmond  (if  that  office  is  created)  shall, 
unless  otherwise  fixed  as  provided  in  this  act,  be  two  thou- 
sand five  hundred  dollars  a  year.  In  case  no  superintendent 
of  buildings  is  appointed  by  either  the  president  of  the  borough 


178 


LAWS  OF  NEW  YORIC. 


of  Queens  or  the  president  of  the  borough  of  Richmond,  then 
the  presidents  of  the  said  boroughs  respectively  shall  each, 
within  the  borough  for  which  he  has  been  elected,  exercise  all 
the  powers  and  discharge  all  the  duties  of  a  superintendent  of 
buildings  for  that  borough.  The  words  "  superintendent  of 
buildings  "  wherever  used  in  the  subsequent  sections  of  this 
chapter  shall  be  taken  and  held  to  mean  a  superintendent  of 
buildings  for  any  borough  lawfully  appointed  by  the  president 
thereof,  under  the  preceding  provisions  of  this  section,  or,  in 
the  case  of  the  boroughs  of  Queens  and  Richmond,  the  bor- 
ough president  in  case  he  shall  not  have  appointed  a  superin- 
tendent of  buildings. 

Duties    of    superintendents;    appointment   and    removal    of  sub^ 
ordinates. 

§  406.  Each  superintendent  of  buildings  shall,  within  the 
borough  or  boroughs  in  which  he  has  jurisdiction, 
have  charge  of  the  administration  of,  and  it  shall  be  his  duty, 
subject  to  and  in  accordance  with  the  general  rules  and  reg- 
ulations established  by  the  president  of  the  bor- 
ough, to  enforce  such  rules  and  regulations  and  the  provi- 
sions of  this  chapter  and  of  such  ordinances  as  may  be  estab- 
lished by  the  board  of  aldermen,  and  of  the  laws 
relating  to  the  construction,  alteration  or  removal 
of  buildings  or  other  structures  erected  or  to  be  erected 
within  such  borough.  Each  superintendent  of  buildings 
within  the  limits  of  his  appropriation  shall  have  power  to  ap- 
point and  at  pleasure  to  remove  subordinate  officers,  as  fol- 
lows: Such  chief  inspectors  of  buildings, and  suchinspectors  of 
buildings,  engineers,  clerks,  messengers,  assistants  and  other 
subordinates  as  in  his  judgment  may  be  necessary  and  proper 
to  carry  out  and  enforce  such  rules  and  regulations  and  ordi- 
nances and  the  provisions  of  said  laws  and  of  this  chapter 
within  the  borough  under  his  jurisdiction.  The  chief 
inspectors  of  buildings  shall  each  be  a  competent 
architect,  engineer  or  builder  of  at  least  ten  years' 
practice.  The  inspectors  shall  be  competent  men, 
either  architects,  engineers,  masons,  carpenters,  plumbers  or 
iron  workers,  who  shall  have  served  at  least  five  years  as 
such.  It  shall  not  be  lawful  for  any  officer  or  employe  in 
the  building  bureau  of  any  borough  to  be  en- 
gaged in  conducting  or  carrying  on  business  as  an  architect, 
civil  engineer,  carpenter,  plumber,  iron  worker,  mason  or 
builder    while    holding    office    in    the    bureau,    or  to 


CHARTER  OF  NEW  YORK  CITY. 


179 


be  engaged  in  the  manufacture  or  sale  of  articles  entering  into 
the  construction  of  buildings,  or  act  as  agent  for  any  person 
engaged  in  the  manufacture  or  sale  of  such  articles,  or  own 
stock  in  any  corporation  engaged  in  the  manufacture  or  sale 
of  such  articles.  Each  superintendent  of  buildings  shall  have 
power  to  designate  in  writing  one  of  the  inspectors  so  ap- 
pointed by  him  to  act  on  any  survey  authorized  by  law,  or  to 
perform  such  other  duties  as  the  said  superintendent  may 
direct.  Each  superintendent  of  buildings  may  designate  a 
chief  inspector  of  buildings,  who,  during  the  absence  or  in- 
ability of  such  superintendent  shall  possess  all  the  powers  and 
perform  all  his  duties  so  far  as  they  relate  to  buildings. 
Any  employe,  for  any  neglect  of  duty,  or  omis- 
sion to  properly  perform  his  duty,  for  violation  of  rules,  or 
neglect  or  disobedience  of  orders,  or  incapacity,  or  absence 
without  leave,  may  be  punished  by  the  officer  ap- 
pointing him  by  forfeiting  and  withholding  pay  for 
a  specified  time,  or  by  suspension  from  duty  with  or  without 
pay ;  but  this  provision  shall  not  be  deemed  to  abridge  the 
right  of  said  officer  to  remove  or  dismiss  any  in- 
spector of  buildings  or  other  subordinate  appointed  by 
him  or  by  any  predecessor  in  office  from  the  service  of  the 
bureau  at  any  time  in  his  discretion.  Any  officer  or 
employe  of  or  in  the  bureau  of  buildings  of  any 
borough,  or  police  offjcer  thereto  detailed,  who  shall  ask, 
solicit  or  accept  or  receive  any  money  or  other  compensation 
for  enforcing  or  not  enforcing  or  for  modifying  or  changing 
any  order  or  requirement  of  said  bureau  shall  be  guilty  of  a 
felony. 

Continuation  and  repeal  of  existing  laws;  building  code. 

§  407.  The  board  of  aldermen  is  authorized  by  or- 
dinance to  regulate  and  restrict  the  height  of  build- 
ings to  be  hereafter  erected  in  the  city.  When  any 
ordinance  on  that  subject  is  introduced,  the  board  of 
aldermen  shall  provide  for  public  hearings  in  reference 
thereto,  before  it  or  before  appropriate  committees;  and  no 
ordinance  restricting  the  heirrht  of  buildings  shall  be  passed 
unless  it  is  approved  beforeliand  by  the  board  of  estimate 
and  apportionment  by  a  resolution  or  vote  of  a  majority  of 
the  members  of  such  board  entered  on  its  minutes  or  record, 
and  unless  it  shall  be  passed  by  a  majority  of  all  the  mem- 
bers elected  to  the  board  of  aldermen,  the  vote  being  taken 
by  ayes  and  noes.    The  building  code  which  shall  be  in  force 


180 


LAWS  OF  NEW  YORK. 


in  The  City  of  New  York  on  the  first  day  of  January,  nine- 
teen hundred  and  two,  and  all  then  existing  provisions  of  law 
fixing  the  penalties  for  violation  of  said  code,  and  all  then 
existing  laws  affecting  or  relating  to  the  construction,  alter- 
ation or  removal  of  buildings  or  other  structures  within  The 
City  of  New  York  are  hereby  declared  to  be  binding  and  in 
force  in  The  City  of  New  York,  and  shall  continue  to  be  so 
binding  and  in  force  except  as  the  same  may  from  time  to 
time  be  revised,  altered,  amended  or  repealed  as  herein  pro- 
vided. No  right  or  remedy  of  any  character  shall  be  lost  or 
impaired  or  affected  by  reason  of  this  chapter.  This  chapter 
shall  not  affect  or  impair  any  act  done  or  right  accruing,  ac- 
crued or  acquired  or  penalty,  forfeiture  or  punishment  in- 
curred prior  to  the  time  when  this  act  takes  effect,  or  by 
virtue  of  any  law  repealed  or  modified  by  this  chapter,  but 
the  same  may  be  asserted,  enforced,  prosecuted  or  inflicted 
as  fully  and  to  the  same  extent  as  if  this  act  had  not  been 
passed  or  said  law  had  not  been  repealed  or  modified.  The 
board  of  aldermen  shall  have  power  from  time  to  time  to 
amend  said  building  code  and  said  laws  and  to  provide  there- 
in for  all  matters  concerning,  affecting  or  relating  to  the 
construction,  alteration  or  removal  of  buildings  or  structures 
erected  or  to  be  erected  in  The  City  of  New  York,  and  for  the 
purpose  of  preparing  or  amending  such  code  to  appoint  and 
employ  a  commission  of  experts. 

General  provisions  relative  to  existing  building  laws. 

§  408.  The  superintendent  of  buildings  appointed  by  the 
president  of  the  borough  of  Manhattan  shall  within  such  bor- 
ough in  addition  to  the  powers,  rights  and  duties  expressly 
conferred  or  imposed  upon  him  by  this  act,  possess  and  exer- 
cise all  the  powers,  rights  and  duties,  and  shall  be  subject  to 
all  the  obligations  heretofore  vested  in,  conferred  upon  or 
required  of  the  board  of  buildings  of  The  City  of  New  York 
and  of  the  commissioner  of  buildings  appointed  for  the  bor- 
oughs of  Manhattan  and  The  Bronx  so  far  as  they  relate 
to  the  borough  of  Manhattan  and  except  in  so  far  as 
the  same  are  inconsistent  with  or  are  modified  by 
this  act.  The  superintendent  of  buildings  appointed 
by  the  president  of  the  borough  of  The  Bronx  shall 
within  such  borough,  in  addition  to  the  powers,  rights 
and  duties  expressly  conferred  upon  him  by  this  act,  and 
except  as  hereinafter  expressly  provided,  possess  and  exercise 
all  the  powers,  rights  and  duties  and  shall  be  subject  to  all 


CHARTER  OF  NEW  YORK  CITY. 


181 


the  obligations  heretofore  vested  in,  conferred  upon  or  required 
of  the  board  of  buildings  of  The  City  of  New  York  and  of 
the  commissioner  of  buildings  appointed  for  the  boroughs  of 
Manhattan  and  The  Bronx,  so  far  as  they  relate  to  the  borough 
of  The  Bronx,  and  except  in  so  far  as  the  same  are  inconsistent 
with  or  are  modified  by  this  act.  The  superintendent 
of  buildings  appointed  by  the  president  of  the  bor- 
ough of  Brooklyn  shall,  within  such  borough,  in  addition 
to  the  powers,  rights  and  duties  expressly  conferred  or  imposed 
upon  him  by  this  act,  possess  and  exercise  all  the  powers, 
rights  and  duties,  and  shall  be  subject  to  all  the  obligations 
heretofore  vested  in,  conferred  upon  or  required  of  the  board 
of  buildings  of  The  City  of  New  York  and  of  the  commis- 
sioner of  buildings  appointed  for  the  borough  of  Brooklyn 
so  far  as  they  relate  to  the  borough  of  Brooklyn,  and  except 
in  so  far  as  the  same  are  inconsistent  with  or  are  modified 
by  this  act.  The  president  of  the  borough  of  Queens,  in 
case  he  shall  not  appoint  a  superintendent  of  buildings,  and 
if  he  shall  appoint  such  a  superintendent,  then  such  superin- 
tendent shall  within  such  borough  in  addition  to  the  powers, 
rights  and  duties  expressly  conferred  or  imposed  upon  him 
by  this  act,  possess  and  exercise  all  the  powers,  rights  and 
duties,  and  shall  be  subject  to  all  the  obligations  heretofore 
vested  in,  conferred  upon  or  required  of  the  board  of  buildings 
of  The  City  of  New  York  and  of  the  commissioner  of  build- 
ings appointed  for  the  boroughs  of  Queens  and  Richmond, 
so  far  as  they  relate  to  the  borough  of  Queens, 
and  except  in  so  far  as  the  same  are  inconsistent 
with  or  are  modified  by  this  act.  The  president 
of  the  borough  of  Richmond,  in  case  he  shall  not  appoint  a 
superintendent  of  buildings,  and  if  he  shall  appoint  such  a 
superintendent,  then  such  superintendent  shall  within  such 
borough,  in  addition  to  the  powers,  rights  and  duties  expressly 
conferred  or  imposed  upon  him  by  this  act,  possess  and  exer- 
cise all  the  powers,  rights  and  duties,  and  shall  be  subject 
to  all  the  obligations  heretofore  vested  in,  conferred  upon  or 
required  of  the  board  of  buildings  of  The  City  of  New  York 
and  of  the  commissioner  of  buildings  appointed  for  the  bor- 
oughs of  Queens  and  Richmond,  so  far  as  they  relate  to  the 
borough  of  Richmond,  and  except  in  so  far  as  the  same  are 
inconsistent  with  or  are  modified  by  this  act. 


182  LAWS  OF  NEW  YORK. 


Rules  and  regulations. 

§  409.  Each  president  of  a  borough  shall  have  power  to 
establish  general  rules  and  regulations  for  the  administration 
of  the  building  department  of  his  borough,  and  such 
other  rules  and  regulations  as  were  authorized  by  law  at  the 
time  of  the  passage  of  chapter  three  hundred  and 
seventy-eight  of  the  laws  of  eighteen  hundred  and  ninety-seven 
to  be  established  by  the  superintendent  of  buildings  in  The  City 
of  New  York,  or  by  the  commissioner  of  the  department  of 
buildings  in  the  city  of  Brooklyn,  as  said  cities  were  formerly 
constituted.  Such  rules  and  regulations  shall,  so  far  as  prac- 
ticable, be  uniform  in  all  the  boroughs,  but  the  presi- 
dent of  the  borough  shall  have  power,  from  time  to  time,  to 
amend  or  repeal  such  rules  ana  regulations  when  in  his 
opinion  it  shall  seem  necessary  or  desirable. 

Power  to  vary  the  provisions  of  law. 

§  410.  Each  superintendent  of  buildings,  shall  have  power, 
with  the  approval  of  the  president  of  the  borough  in  case  the 
superintendent  of  buildings  is  a  different  individual  from  the 
president  of  the  borough,  to  vary  or  modify  any  rule  or  regu- 
lation of  the  president  of  the  borough  or  the  pro- 
visions of  this  chapter  or  of  any  existing  law  or 
ordinance  relating  to  the  construction,  alteration  or 
removal  of  any  building  or  structure  erected  or  to  be 
erected  within  his  jurisdiction  upon  an  application  to  him 
therefor  in  writing  by  the  owner  of  such  building  or  structure, 
or  his  duly  authorized  agent,  where  there  are  practical  diffi- 
culties in  the  way  of  carrying  out  the  strict  letter  of  the  law, 
so  that  the  spirit  of  the  law  shall  be  observed  and  public  safety 
secured  and  substantial  justice  done.  Where  such  application 
has  been  filed  with  a  superintendent  of  buildings  the  owner 
of  such  building  or  structure  or  his  duly  authorized  agent 
shall  have  the  right  to  present  a  petition  to  such  superin- 
tendent of  buildings,  setting  forth  the  grounds  for  the  desired 
variation  or  modification,,  and  may  appear  before  him  and  be 
heard.  The  said  officer  shall  fix  a  date  within  a  reasonable 
time  for  a  hearing  upon  such  application  and  shall  as  «:oon  aj 
practicable  render  a  decision  thereon,  w^hich  decision  shall  be 
final.  The  particulars  of  each  such  application  and  of  the 
decision  thereon  shall  be  entered  upon  the  records  of  the 
building  department  of  such  borough,  and  if  the  application 
is  granted  a  certificate  therefor,  together  with  a  statement 


CnARTEii  OF  NEW  YORK  CITY. 


183 


of  the  reasons  for  such  decision,  shall  be  issued  by  the  officer 
to  whom  the  application  is  made  and  shall  be  countersigned 
by  the  president  of  the  borough. 

Appeals. 

§  411.  Each  superintendent  of  buildings  shall  have  power 
and  it  shall  be  his  duty,  subject  to  the  provisions  of  law  and 
the  ordinances  of  the  board  of  aldermen,  and  the  general 
rules   and   regulations   established   according   to   law  to 
pass  upon  any  question  relative  to  the  mode,  manner  ot  con- 
struction or  materials  to  be  used  in  the  erection  or  alteration 
of  any  building  or  other  structure  erected  or  to  be  erected 
within    the    borough    under    his    jurisdiction    which  is 
included   within   the    provisions    of   this   chapter,    or  of 
any    existing    law    applicable    to    such    borough  relat- 
ing   to    the    construction,    alteration  or  removal  of  build- 
ings or  other  structures,  and  to  require  that  such  mode, 
manner  of  construction  or  materials  shall  conform  to  the  true 
intent  and  meaning  of  the  several  provisions  of  this  chapter 
and  of  the  laws  and  ordinances  aforesaid,  and  the  rules  and 
regulations  established  by  the  president  of  the  borough. 
Whenever  a  superintendent   of  buildings   to   whom  such 
question  has  been  submitted,  shall  reject  or  refuse  to  ap- 
prove the  mode,  manner  of  construction  or  materials  pro- 
posed to  be  followed  or  used  in  the  erection  or  alteration 
of    any    such    building    or    structure,    or    when    it  is 
claimed   that    the    rules   and    regulations   of   the  presi- 
dent of  the   borough   or  the   provisions  of  law  or  of  said 
ordinances  do  not  apply,  or  that  an  equally  good  and  more 
desirable  form  of  construction  can  be  employed  in  any  spe- 
cific case,  the  owner  of  such  building  or  structure,  or  his  duly 
authorized  agent,  may  appeal  from  the  decision  of  such 
superintendent  where  the  amount  involved  by  such  de- 
cision  shall   exceed   the   sum   of  one   thousand  dollars. 
Such   appeal   shall   be   heard    by   a   board    of  examin- 
ers   consisting    of    one    member    of    the    New  York 
chapter   of   the    American    Institute    of    Architects/  one 
member  of  the  New  York  Board  of  Fire  Underwriters,  two 
members  of  the  Mechanics  and  Traders'  Exchange  of  said  city, 
one  of  whom  shall  be  a  master  mason  and  one  a  master  carpen- 
ter, one  member  of  the  Society  of  Architectural  Iron  Manu- 
facturers of  said  city,  and  one  member  of  the  Real  Estate 
Owners  and  Builders'  Association  of  said  city,  who  shall  be 
an  architect  or  builder,  all  of  whom  shall  be  appointed  by 


184 


LAWS  OF  NEW  YORK. 


their  respective  associations,  and  so  certified  to  annually  to 
the  mayor  of  The  City  of  New  York,  and  the  chief  of  the  hie 
department  of  The  City  of  New  York.  The  said  examiners 
shall  each  take  the  usual  oath  of  othce  before  entering  upon 
the  performance  of  their  duties.  The  mayor  shall  annually 
designate  one  of  said  examiners  as  the  presiding  officer  of 
said  board.  At  least  five  affirmative  votes  shall  be  necessary 
to  the  granting  of  any  petition  by  said  board.  No  member  of 
said  board  shall  pass  upon  any  question  in  which  he  is  person- 
ally interested.  The  said  board  shall  meet  once  a  week  upon 
notice  from  any  of  the  superintendents  of  buildings.  The 
members  of  said  board  of  examiners  shall  be  entitled  to  and 
shall  receive  ten  dollars  for  each  attendance  at  a  meeting  of 
said  board,  to  be  paid  by  the  comptroller  from  an  appropriate 
fund,  to  be  provided  by  the  board  of  estimate  and  apportion- 
ment and  the  board  of  aldermen,  upon  the  voucher  of  the 
clerk  of  said  board  of  examiners.  The  clerk  of  the  board 
of  examiners  shall  be  appointed  and  may  be  removed  by 
the  mayor  of  The  City  of  New  York,  and  shall  receive 
a  salary  of  one  thousand  five  hundred  dollars.  The  ap- 
peal authorized  by  this  section  may  be  taken  within  ten 
days  from  the  entry  of  a  decision  upon  the  records  of  the 
superintendent  of  buildings  by  filing  with  the  officer  render- 
ing such  decision  and  with  the  clerk  of  the  board  of  examiners 
and  by  filing  with  the  clerk  of  the  board  of  examiners  copies 
of  all  papers  required  by  law  or  by  the  rules  and  regulations 
of  the  president  of  the  borough,  to  be  submitted  upon  an 
application  for  a  building  permit,  and  the  board  of  examiners 
shall  thereafter  fix  a  day  within  a  reasonable  time  for  the 
hearing  of  such  appeal,  and  upon  such  hearing  the  appellant 
may  be  represented  either  in  person  or  by  his  agent  or  attor- 
ney. The  decision  of  the  board  of  examiners,  upon  such  ap- 
peal, shall  be  rendered  without  unnecessary  delay,  and  such 
decision  shall  be  final. 

Accounts;  annual  estimates;  expenditures. 

§  412.  Each  superintendent  of  buildings  shall  keep  ac- 
curate and  detailed  accounts,  in  a  form  approved  by  the 
comptroller  of  all  moneys  received  and  expended  by  him, 
the  sources  from  which  they  are  received  and  the  purposes 
for  which  they  are  expended. 


CHARTER  OF  NEW  YORK  CITY. 


185 


Record  of  applications. 

§  413.  Each  superintendent  of  buildings  shall  keep 
a  record  of  all  applications  presented  to  him  con- 
cerning, affecting  or  relating  to  the  construction,  alter- 
ation or  removal  of  buildings  or  other  structures.  Such  record 
shall  include  the  date  of  the  filing  of  each  such  appHcation; 
the  name  and  address  of  the  applicant  ;  the  name  and  address 
of  the  owner  of  the  land  on  which  the  structure  mentioned 
in  such  appHcation  is  situated;  the  names  and  addresses  of 
the  architect  and  builder  employed  thereon ;  a  designation  of 
the  premises  by  street  number,  or  otherwise,  sufficient  to 
identify  the  same;  a  statement  of  the  nature  and  proposed 
use  of  such  structure ;  and  a  brief  statement  of  the  nature  of 
the  application,  together  with  a  memorandum  of  the  decision 
of  the  superintendent  upon  such  appHcation  and  the  date  of 
the  rendition  of  such  decision.  The  books  containing  such 
records  are  hereby  declared  to  be  pubHc  record,  and  shah  be 
open  to  inspection  at  ah  reasonable  times. 

Books,  plans,  etc.,  to  be  delivered  to  borough  presidents. 

*  §  414.  Each  commissioner  of  buildings  as  constituted  by 
chapter  three  hundred  and  seventy-eight  of  the  laws  of  eighteen 
hundred  and  ninety-seven  is  hereby  required  and  directed  to 
turn  over  and  deliver  on  January  first,  nineteen  hundred  and 
two,  to  the  president  of  each  borough,  so  far  as  the  same  shall 
apply  to  the  borough  of  which  he  is  president,  all  plans, 
records,  books,  and  papers  relating  to  buildings  filed  with  or 
deposited  with  said  commissioner  or  turned  over  to  him  by 
his  predecessor,  and  all  official  records  and  papers  of  every 
kind  in  his  possession.  In  case  any  doubt  shall  arise  as  to  the 
proper  disposition  of  said  plans,  books,  papers  and  records, 
the  presidents  of  thevarious  boroughs  shall  meet  together  and 
devise  a  plan  for  such  distribution,  which  plan  when  approved 
by  the  mayor  shall  be  followed  by  the  said  presidents  and  said 
commissioners  in  their  distribution  of  all  such  plans,  books, 
records  and  papers  relating  to  buildings. 

CHAPTER  X. 

Contracts  and  Local  Improvements. 

Title  I.  General  provisions  relating  to  contracts. 

Title  2.  Local  boards. 

Title  3.  Local  improvements. 

Title  4.  Maps  and  plans. 


186 


LAWS  OF  NEW  YORK. 


TITLE  I, 

General  Provisions  Relating  to  Contracts, 
Board  of  aldermen;  restriction  on  powers  of. 

§  417.  It  shall  not  be  lawful  for  the  Ijoard  of  aldermen  to 
enter  directly  into  contract  for  any  public  work  or  improve- 
ment whatsoever. 

Board  of  aldermen;  further  restrictions. 

§  418.  It  shall  not  be  lawful  for  the  board  of  aldermen  to 
release  any  contractor  with  the  city  or  with  any  of  the  depart- 
ments, boards,  bureaus  or  officers  thereof,  from  any  line  or 
penalty  incurred  under  his  contract,  save  upon  the  unanimous 
recommendation  of  the  board  of  estimate  and  apportionment. 
And  it  shall  not  be  lawful  for  the  board  of  aldermen  to  ex- 
tend the  time  for  the  performance  of  any  such  contract  save 
upon  the  unanimous  recommendation  of  the  board  of  esti- 
mate and  apportionment. 

Contracts  for  work  or  supplies. 

§  419.  All  contracts  to  be  made  or  let  for  work  to  be  done 
or  supplies  to  be  furnished,  except  as  in  this  act  otherwise 
provided,  and  all  sales  of  personal  property  in  the  custody 
of  the  several  borough  presidents,  departments  or  bureaus, 
shall  be  made  by  the  appropriate  borough  presidents  or  heads 
of  departments  under  such  regulations  as  shall  be  established 
by  ordinance  or  resolution  of  the  board  of  alder- 
men. Whenever  any  work  is  necessary  to  be  done  to 
complete  or  perfect  a  particular  job,  or  any  supply  is  needful 
for  any  particular  purpose,  which  work  and  job  is  to  be  under- 
taken or  supply  furnished  for  The  City  of  New  York,  and 
the  several  parts  of  the  said  work  or  supply  shall,  together, 
involve  the  expenditure  of  more  than  one  thousand  dollars, 
the  same  shall  be  by  contract,  under  such  regulations  concern- 
ing it  as  shall  be  established  by  ordinance  or  resolution  of 
the  board  of  aldermen,  excepting  such  works  now  in  prog- 
ress as  are  authorized  by  law  or  ordinance  to  be  done  other- 
wise than  by  contract  and,  unless  otherwise  ordered  by  a 
vote  of  three-fourths  of  the  members  elected  to  the 
board  of  aldermen;  and  all  contracts  shall  be  en- 
tered into  by  the  appropriate  borough  president, 
and  heads  of  departments,  and  shall,  except  as  herem 
otherwise  provided,  be  founded  on  sealed  bids  or  proposals, 


CHARTER  OF  NEW  YORK  CITY. 


187 


made  in  compliance  with  public  notices,  duly  advertised  in 
the  City  Record,  and  the  corporation  newspapers,  and  said 
notice  to  be  published  at  least  ten  days;  if  a  borough  presi- 
dent or  the  head  of  a  department  shall  not  deem  it  for  the 
interests  of  the  city  to  reject  all  bids,  he  shall,  without  the 
consent  or  approval  of  any  other  department  or  officer  of  the 
city  government,  award  the  contract  to  the  lowest  bidder, 
unless  the  board  of  estimate  and  apportionment  by  a  three- 
quarter  vote  of  the  whole  board,  shall  determine  that  it  is  for 
the  public  interest  that  a  bid  other  than  the  lowest  should  be 
accepted;  the  terms  of  such  contract  shall  be  settled  by  the 
corporation  counsel  as  an  act  of  preliminary  specification  to 
the  bid  or  proposal.  The  bidder  whose  bid  is  accepted  shall 
give  security  for  the  faithful  performance  of  his  contract  in 
the  manner  prescribed  and  required  by  ordinance;  and  the 
adequacy  and  sufficiency  of  this  security  shall,  in  addition  to 
the  justification  and  acknowledgment,  be  approved  by  the 
comptroller.  All  bids  or  proposals  shall  be  publicly  opened 
by  the  officer  or  officers  advertising  for  the  same,  and  in  the 
presence  of  the  comptroller,  but  the  opening  of  the  bids  shall 
not  be  postponed  if  the  comptroller  shall,  after  due  notice, 
fail  to  attend;  if  the  bidder  whose  bid  has  been 
accepted  shall  neglect  or  refuse  to  accept  the  contract  within 
five  days  after  written  notice  that  the  same  has  been  awarded 
to  his  bid  or  proposal,  or  if  he  accepts  but  does  not  execute 
the  contract  and  give  the  proper  security,  it  shall  be  readver- 
tised  and  relet  as  above  provided.  In  case  any  work  shall  be 
abandoned  by  any  contractor,  it  shall  be  readvertised  and  relet 
by  the  appropriate  borough  president  or  the  head  of  the  appro- 
priate department  in  the  manner  in  this  section  provided.  No 
bid  shall  be  accepted  from,  or  contract  awarded  to,  any  person 
who  is  in  arrears  to  The  City  of  New  York  upon  debt  or  con- 
tract, or  who  is  a  defaulter,  as  surety  or  otherwise,  upon  any 
obligation  to  the  city.  Every  contract,  when  made  and  entered 
into,  as  before  provided  for,  shall  be  executed  in  duplicate,  and 
shall  be  filed  in  the  department  of  finance;  together  with  a  copy 
of  the  resolution  or  ordinance  of  the  board  of  aldermen  and 
the  local  board  and  together  with  the  approval  of 
the  board  of  estimate  and  apportionment  wherever 
the  same  is  required  by  the  provisions  of  this  act,  or  copies 
of  both,  as  the  case  may  be,  authorizing  said  work ;  such  copies 
shall  be  so  filed  within  five  days  after  the  contract  shall  have 
been  duly  executed  by  the  contractor;  a  receipt  for  each  pay- 
ment, made  on  account  of  or  in  satisfaction  of  the  same,  shall 


188 


LAWS  OF  NEW  YORK. 


be  endorsed  on  the  said  contract  by  the  party  receiving  the 
warrant,  which  warrant  shall  be  only  given  to  the  person  inter- 
ested in  such  contract,  or  his  authorized  representative.  No 
expenditure  for  work  or  supplies  involving  an  amount  for 
which  no  contract  is  required  shall  be  made,  except  the  neces- 
sity therefor  be  certified  to  by  the  appropriate  borough  presi- 
dent or  the  head  of  the  appropriate  department,  and  the 
expenditure  has  been  duly  authorized  and  appropriated. 

Proposals  to  be  advertised;  deposit  to  accompany  bid. 

§  420.  Whenever  proposals  for  furnishing  supplies  or  do- 
ing work  are  invited  by  advertisement  by  any  department  or 
officer,  such  department  or  officer  is  authorized  and  directed 
to  require,  as  a  condition  precedent  to  the  reception  or  con- 
sideration of  any  proposal,  the  deposit  with  such  department 
or  officer  of  a  certified  check  upon  one  of  the  state  or  na- 
tional banks  of  the  said  city,  drawn  to  the  order  of  the  comp- 
troller, or  of  money;  such  checks  or  money  to  accompany 
the  proposal,  to  an  amount  not  less  than  three  nor  more  than 
five  per  centum  of  the  amount  of  the  bond  required  by  the 
department  or  officer  for  the  faithful  performance  of  the 
work  proposed  to  be  done  or  supplies  to  be  furnished. 
Within  three  days  after  the  decision  as  to  whom  the  contract 
is  to  be  awarded,  the  comptroller  shall  return  all  the  deposits 
made  to  the  persons  making  the  same,  except  the  deposit 
made  by  the  bidder  whose  bid  has  been  accepted ;  and  if  the 
said  bidder  whose  bid  has  been  accepted  shall  refuse  or  neg- 
lect, within  five  days  after  due  notice  that  the  contract  has 
been  awarded,  to  execute  the  same,  or  to  furnish  the  re- 
quired bond,  the  amount  of  deposit  made  by  him  shall  be  for- 
feited to  and  retained  by  the  said  city  as  liquidated  damages 
for  such  neglect  or  refusal,  and  shall  be  paid  into  the  sinking 
fund  of  the  city,  but  if  the  said  bidder  shall  execute  the  con- 
tract and  furnish  the  required  bond  within  the  time  afore- 
said, the  amount  of  his  deposit  shall  be  returned  to  him. 

Certificate  of  completion  to  be  filed. 

§  421.  It  shall  be  the  duty  of  any  borough  presi- 
dent, or  head  of  any  department,  having  in  charge 
any  work,  within  five  days  after  the  acceptance  of 
such  work,  to  file  with  the  comptroller  a  final  certificate  of 
the  completion  and  acceptance  thereof,  signed  by  the  chief 
engineer  or  head  of  his  department.    The  filing  of  such  cer- 


CHARTER  OF  NEW  YORK  CITY. 


189 


tificate  shall  be  presumptive  evidence  that  such  work  has 
been  completed  according  to  contract.  It  shall  also  be  the 
duty  of  such  borough  president,  or  head  of  department, 
in  the  case  of  work  to  be  paid  for  in  whole  or 
in  part  by  assessment  for  benefit,  when  such  work  shall 
have  been  completed  and  accepted,  and  all  the  expenses 
thereof  which  may  be  legally  assessed  shall  have  been  ascer- 
tained, to  execute  a  certificate  of  the  total  amount  of  all  the 
cost  and  expenses  which  shall  have  been  actually  incurred  by 
The  City  of  New  York  on  account  of  such  work  and  forward 
the  same  to  the  board  of  assessors  in  accordance  with  section 
nine  hundred  and  forty-six  of  this  act.  Accompanying  said 
certificate  shall  be  a  copy  of  the  resolution  of  the  board  of 
estimate  and  apportionment  or  of  the  resolution  or  ordi- 
nance of  the  board  of  aldermen,  or  of  the  resolution  of  the 
local  board  or  department,  or  copies  of  any  or  such  of  them 
as  may  be  required,  authorizing  such  work  to  be 
done,  and  also  a  copy  of  any  resolution  or  ordi- 
nance, if  any  such  has  been  passed,  determining  that  any 
proportion  of  the  cost  and  expense  of  such  work  shall  be 
borne  by  The  City  of  New  York.  The  board  of  assessors 
shall,  upon  receiving  such  certificate,  assess  upon  the  prop- 
erty benefited,  in  the  manner  authorized  by  law,  the  amount 
of  the  certificate,  or  such  proportions  thereof,  as  is  author- 
ized by  law.  The  proceedings  relative  to  levying,  confirm- 
ing and  collecting  any  such  assessments  shall  be  in  accord- 
ance with  the  provisions  of  chapter  seventeen  of  this  act. 

Comptroller  to  pay  contractors. 

§  422.  When  a  contract  for  a  public  improvement 
shall  have  been  entered  into  and  a  certified  copy  thereof  shall 
have  been  filed  with  the  comptroller,  in  conformity  with  section 
four  hundred  and  nineteen  of  this  act,  said  comptroller  is 
hereby  authorized  and  directed  to  pay  to  the  contractor  or 
his  assigns,  from  time  to  time  as  the  work  progresses,  sev- 
enty per  centum  of  the  estimated  value  of  the  work  actually 
done  under  said  contract,  until  the  same  shall  have  been 
completed.  The  estimate  of  the  value  of  any  such  work  shall 
be  signed  by  the  surveyor  and  also  by  the  chief  engineer  of 
the  department  having  the  matter  in  charge,  and  upon  the 
final  completion  of  any  contract,  and  the  filing  of  the  final 
certificate  of  completion,  the  comptroller  shall,  within  thirty 
days  thereafter,  or  within  thirty  days  after  the  expiration  of 
the  time  within  which,  according  to  the  terms  of  the  contract, 


190 


LAWS  OF  NEW  YORK. 


tlie  city  has  to  accept  such  work,  pay  to  the  contractor  or  his 
assigns,  the  balance  of  tlic  amount  due  under  said  contract, 
provided,  however,  that  the  board  of  aldermen,  upon 
the  recommendation  of  the  board  of  estimate  and 
apportionment,  may  authorize  contracts  for  asphalt 
or  other  pavements  to  be  made,  with  a  guaranty 
upon  the  part  of  the  contractor  for  one  or  more 
years,  with  a  provision  for  the  retention  of  a  percentage  oi 
the  amount  to  be  paid,  which  shall  be  paid  within  thirty  days 
after  the  expiration  of  the  guaranty,  upon  the  filing  of  a  cer- 
tificate signed  by  the  chief  engineer  of  the  department  having 
the  matter  in  charge  that  the  terms  of  the  contract  have  been 
complied  with.  The  payments  to  be  made  by  the  comp- 
troller pursuant  to  this  section  shall  be  made  out  of  the 
street  improvement  fund,"  if  the  cost  and  expense  of  said 
work  are  to  be  assessed  in  whole  or  in  part  upon  property 
deemed  to  be  benefited  thereby.  The  amounts  collected 
from  any  and  all  assessments  for  local  improvements  paid 
out  of  such  fund,  together  with  all  defaults  and  interest  on 
the  same,  are  to  be  paid  into  said  fund.  It  shall  be  the  duty 
of,  and  lawful  for  the  comptroller,  when  thereto  authorized 
by  the  board  of  estimate  and  apportionment  to  create  and 
issue  such  additional  amounts  of  the  corporate  stock  of  The 
City  of  New  York  as  shall  be  necessary  to  provide  for  the 
cost  and  expense  of  such  work,  or  such  part  thereof  as  is  to 
be  borne  and  paid  by  The  City  of  New  York ;  and  the  pro- 
ceeds of  the  sale  of  such  stock  shall  be  paid  into  the  street 
improvement  fund. 


TITLE  2: 
Local  Boards. 
Districts  for  home  rule  and  local  improvements. 

§  425.  For  the  purposes  of  home  rule  and  local  improve- 
ments the  territory  of  The  City  of  New  York  is  hereby 
divided  into  twenty-five  districts  of  local  improvements. 
The  first  district  shall  consist  of  the  county  of  Rich- 
mond, and  shall  be  called  Staten  Island;  the  second 
district  shall  consist  of  wards  one  and  two  of  the 
borough  of  Queens,  and  shall  be  called  Newtown; 
the  third  district  shall  consist  of  wards  three,  four  and 
five  of  the  borough  of  Queens, and  shall  be  called  Jamaica; the 
fourth  district  shall  consist  of  the  territory  comprised  in  the 


CHARTER  OF  NEW  YORK  CITY. 


191 


third  senatorial  district  of  the  state  of  New  York,  as  such  dis- 
trict is  divided  by  the  constitution  of  the  state  of  New  York, 
in  force  January  first,  eighteen  hundred  and  ninety-five,  and 
shall  be  called  The  Heights;  the  fifth  district  shall  consist  of 
the  territory  comprised  in  thh  fourth  senatorial  district  of  the 
state  of  New  York,  and  shall  be  called  Bedford;  the  sixth 
district  shall  consist  of  the  eighth,  thirtieth  and  thirty-first 
wards  of  the  borough  of  Brooklyn,  and  shall  be  called  Bay 
Ridge;  the  seventh  district  shall  consist  of  the  tenth  and 
twelfth  wards  of  the  borough  of  Brooklyn,  and  shall  be  called 
Red  Hook;  the  eighth  district  shall  consist  of  the  territory  com- 
prised in  the  sixth  senatorial  district  of  the  state  of  New  York, 
and  shall  be  called  Prospect  Heights;  the  ninth  district  shall 
consist  of  the  territory  comprised  in  the  seventh  senatorial  dis- 
trict of  the  state  of  New  York,  and  shall  be  called  WilHamsburg; 
the  tenth  district  shall  consist  of  the  territory  comprised  in  the 
eighth  senatorial  district  of  the  state  of  New  York,  and  shall 
be  called  Flatbush;  the  eleventh  district  shall  consist  of  the 
territory  comprised  in  the  ninth  senatorial  district  of  the  state 
of  New  York,  and  shall  be  called  Bushwick;  the  twelfth  district 
shall  consist  of  the  territory  comprised  in  the  tenth  senatorial 
district  of  the  sta^e  of  New  York,  and  shall  be  called  Bowling 
Green ;  the  thirteenth  district  shall  consist  of  the  territory  com- 
prised in  the  eleventh  senatorial  district  of  the  state  of  New 
York,  and  shall  be  called  The  Bowery;  the  fourteenth  district 
shall  consist  of  the  territory  comprised  in  the  twelfth  senatorial 
district  of  the  state  of  New  York,  and  shall  be  called  Corlear's 
Hook;  the  fifteenth  district  shall  consist  of  the  territory  com- 
prised in  the  thirteenth  senatorial  district  of  the  state  of  New 
York,  and  shall  be  called  Greenwich ;  the  sixteenth  district  shall 
consist  of  the  territory  comprised  in  the  fourteenth  senatorial 
district  of  the  state  of  New  York,  and  shall  be  called  Kip's 
Bay ;  the  seventeenth  district  shall  consist  of  the  territory  com- 
prised in  the  fifteenth  senatorial  district  of  the  state  of  New 
York,  and  shall  be  called  Murray  Hill;  the  e'ghteenth  district 
shall  consist  of  the  territory  comprised  in  the  sixteenth  sena- 
torial district  .of  the  state  of  New  York,  and  shall  be  called 
Chelsea;  the  nineteenth  district  shall  consist  of  the  territory 
comprised  in  the  fifteenth  and  seventeenth  assembly  districts 
of  the  state  of  New  York,  and  shall  be  called  Hudson; 
the    twentieth    district    shall    consist    of    the  territory 
comprised    in    the   eighteenth    senatorial    district    of  the 
state  of  New  York,  and  shall  be  called  Yorkville;  the 
twenty-first  district  shall  consist  of  the  territory  comprised  in 


LAWS  OF  NEW  YORK. 


the  nineteenth  and  twenty-first  assembly  districts  of  the  state 
of  New  York,  and  shall  be  called  Riverside;  the  twenty- 
second  district  shall  consist  of  the  territory  comprised  in 
the  thirty-first  and  twenty-third  assembly  districts  of  the 
state  of  New  York,  and  shall  be  called  Washington  Heights; 
the  twenty-third  district  shall  consist  of  the  territory  comprised 
in  the  twentieth  and  that  part  of  the  twenty-first  senatorial 
district  of  the  state  of  New  York  in  the  borough  of  Manhattan, 
and  shall  be  called  Harlem;  the  twenty- fourth  district  shall 
consist  of  the  territory  comprised  in  the  twenty-first  senatorial 
district  of  the  state  of  New  York  in  the  borough  of  the  Bronx 
west  of  the  Bronx  river,  and  shall  be  called  Morrisania;  the 
twenty-fifth  district  shall  consist  of  so  much  of  the  territory 
comprised  in  the  twenty-second  senatorial  district  of  the  state 
of  New  York  in  the  city  of  New  York  east  of  the  Bronx  river, 
and  shall  be  called  Chester.  Provided,  however,  that  none  of 
the  above-mentioned  boundaries  shall  include  any  portion  of  a 
senatorial  district  not  contained  within  the  limits  of  the  city. 
The  board  of  aldermen  may,  whenever  necessary,  supplement 
and  complete  the  description  of  the  boundaries  of  any  district, 
but  such  districts  shall  not  be  affected  by  any  change  in  the 
senatorial  districts. 

The  local  board;  how  constituted;  jurisdiction. 

§  426.  There  shall  be  in  each  and  every  district  of 
local  improvements  a  board  of  local  improvements  to  be  known 
and  described  as  "  the  local  board,"  to  be  entrusted  with  the 
powers  by  this  act  prescribed.  The  jurisdiction  of  each  local 
board  shall  be  confined  to  the  district  for  which  it  is  consti- 
tuted, and  to  those  subjects  or  matters  the  costs  and  ex- 
penses whereof  are  in  whole  or  in  part  a  charge  upon  the 
people  or  property  of  the  district  or  a  part  thereof,  except  so 
far  as  by  this  act  jurisdiction  may  otherwise  be  given  over 
matters  of  local  administration  within  such  district.  Each 
local  board  shall  consist  of  the  president  of  the  borough 
wherein  the  district  is  situated,  by  virtue  of  his  office,  and  of 
each  member  of  the  board  of  aldermen  who  represents  an 
aldermanic  district  within  such  local  improvement  district,  by 
virtue  of  his  office  and  during  his  term  as  such  member. 
The  members  of  the  local  board  shall  serve  as  such  mem- 
bers without  compensation.  If  any  proposed  local  improve- 
ment specified  in  section  four  hundred  and  twenty-eight  of 
this  act  shall  embrace  the  territory  or  affect  the  prop- 
erty of  more  than  one  district  of  local  improvements,  the 


CHARTER  OF  NEW  YORK  CITY. 


193 


members  of  the  local  boards  of  all  the  districts  so  afifected 
shall,  for  all  proceedings  in  the  matter  of  such  improvement, 
constitute  the  local  board  for  the  purposes  thereof,  and  its 
proceedings  shall  in  all  respects  conform  to  the  provisions  of 
this  act  that  regulate  the  proceedings  of  any  other  local 
board. 

Id.;  procedure. 

§427.  The  action  of  a  local  board  shall  be  by  reso- 
lution, subject  to  the  procedure  governing  resolutions  passed 
by  the  board  of  aldermen  and  conformably  thereto  save  that 
they  need  not  be  submitted  to  the  mayor  of  The  City  of  New 
York  for  his  approval  except  as  provided  in  the  next  section. 
Every  resolution  of  a  local  board  shall,  before  it  takes  effect, 
be  approved  by  the  borough  president. 

Id.;  powers. 

§  428.  A  local  board,  subject  to  the  restrictions  pro- 
vided by  this  act,  shall  have  power  in  all  cases  where  the  cost  of 
the  improvement  is  to  be  met  in  whole  or  in  part  by  assessments 
upon  the  property  benefited,  to  initiate  proceedings  for  the 
following  purposes:  to  construct  tunnels  and  bridges  lying 
wholly  within  the  borough;  to  acquire  title  to  land  for  parks 
and  squares,  streets,  sewers,  tunnels  and  bridges,  and  ap- 
proaches to  bridges  and  tunnels;  to  open,  close,  extend, 
widen,  grade,  pave,  regrade,  repave  and  repair  the  streets,  ave- 
nues and  public  places,  and  to  construct  sewers  within  the 
district;  to  flag  or  reflag,  curb  or  recurb  the  sidewalks,  and 
to  relay  crosswalks  on  such  streets  and  avenues ;  to  set  or  to 
reset  street  lamps ;  and  to  provide  signs  designating  the 
names  of  the  streets.  All  resolutions  affecting  more  than 
one  local  improvement  district  or  the  borough  generally, 
shall  be  adopted  only  at  a  joint  meeting  of  all  the  local  boards 
of  the  borough,  and  by  a  majority  of  the  members  of  said 
boards. 

Id.;  further  powers. 

§429.  A  local  board  shall  have  power  to  hear  com- 
plaints of  nuisances  in  streets  or  avenues,  or  against  disorderly 
houses,  drinking  saloons  conducted  in  violation  of  the  law^s 
regulating  the  traffic  in  liquor,  gambling  houses  or  any  other 
places  or  congregations  violative  of  good  order  or  of  the 
laws  of  this  state,  or  other  matters  or  things  concerning  the 
peace,  comfort,  order  and  good  crovernment  respecting  any 


194 


LAWS  OF  NEW  YOKK. 


..eighborhood  within  the  district,  or  concerning  the  condi- 
tion of  the  poor  within  the  district,  and  to  pass  such  resolu- 
tions concerning  the  same  as  may  not  be  inconsistent  with 
the  powers  of  the  board  of  aldermen  or  of  the  respective  ad- 
ministrative departments  of  The  City  of  New  York,  and  to 
aid  such  board  of  aldermen  and  departments  in  the  discharge 
of  their  duties  respecting  the  good  government  of  the  said 
district.  All  resolutions  passed  under  the  authority  of  this 
section  shall  be  submitted  to  the  mayor;  and  if  he  shall  within 
ten  days  thereafter  declare  the  same  to  be  general  in  char- 
acter, they  shall  be  invalid;  otherwise,  they  shall  take  effect 
upon  the  expiration  of  said  period  of  ten  days. 

Id.;  meetings;  secretary;  quorum. 

§  430.  Meetings  of  each  local  board  shall  be  held  at 
the  main  hall  or  public  building  of  the  borough.  It  shall  be 
the  duty  of  the  president  to  call  such  meetings  whenever  in 
his  opinion  the  pubUc  business  shall  require,  or  whenever  he 
shall  receive  the  written  request  of  any  three  members  of  a 
local  board.  The  secretary  of  the  president  of  the  borough 
shall  act  as  the  secretary  of  each  local  board,  in  the  borough, 
without  additional  compensation.  He  shall  keep  a  record 
of  all  resolutions,  proceedings  and  determinations  of  each 
local  board,  and  shall  file  the  same  in  the  office  of  the  presi- 
dent of  the  boroug'h,  and  he  shall  discharge  such  other  du- 
ties as  may  be  prescribed  by  this  act,  or  by  the  board  of 
aldermen,  or  by  the  president  of  the  borough,  or  by  a  local 
board.  The  president  of  a  local  board  and  one  other  member 
thereof  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness at  any  meeting  duly  called. 

TITLE  3. 

Local  Improvements. 
President;  duty  on  receipt  of  petition. 

§  432.  When  a  petition  for  a  local  improvement  within 
the  jurisdiction  of  a  local  board  has  been  received 'by 
the  president  of  the  borough,  it  shall  be  his  duty  to  appoint  a 
time  for  a  meeting  of  the  proper  local  board,  not  more  than 
fifteen  days  thereafter,  at  which  meeting  such  petition  will  by 
him  be  submitted  to  the  said  local  board,  and  he  shall  there- 
upon cause  a  notice  to  be  published  in  the  City  Record,  that 
such  petition  has  been  presented  to  him  and  is  on  file  in  his 
office  for  inspection,  and  of  the  time  when  and  of  the  place 


CHARTER  OF  NEW  YORK  CITY. 


195 


where  there  will  be  a  meeting  of  the  local  board  at  which  such 
petition  will  be  submitted  by  him,  to  said  board,  which  time 
shall  not  be  less  than  ten  days  after  the  publicauon  of  the 
notice. 

Local  board;  proceedings  after  petition. 

§433.  The  local  board,  after  the  submission  of  such 
petition  and  consideration  of  the  same,  may  then,  as  the  petition 
shall  ask,  pass  a  resolution  to  bridge,  to  tunnel,  to  open,  to 
close,  to  extend,  to  widen,  to  regulate,  to  grade,  to  curb,  to 
gutter,  to  flag,  and  to  pave  streets,  to  lay  crosswalks,  and  to 
construct  sewers  within  its  district,  and  generally  for  such 
other  improvements  in  and  about  such  streets  within  its  dis- 
trict as  the  public  wants  and  convenience  of  the  district  shall 
require. 

Id.;  to  transmit  resolution;  further  procedure;  expenses  to  be  a  lien. 

§  434.  If  the  local  board  shall  by  resolution  decide  that 
proceedings  be  initiated  for  a  local  improvement  within  its 
jurisdiction,  it  shall  thereupon,  forthwith,  transmit  a 
copy  of  such  resolution  to  the  board  of  estimate 
and  apportionment.  Said  board  shall  promptly  con- 
sider such  resolution,  and  approve  or  reject  the  same, 
and  return  said  resolution  if  approved  to  the  president 
of  the  borough  where  it  originated,  and  he  may  thereupon 
proceed  in  the  execution  of  the  work  covered  by  said  resolu- 
tion in  accordance  with  the  provisions  of  this  act;  but  no  public 
work  or  improvement,  involving  an  assessment  for  benefit, 
shall  be  so  authorized  until  there  has  been  presented  to  the 
board  of  estimate  and  apportionment  an  estimate  in  writing, 
in  such  detail  as  the  board  may  direct,  of  the  cost  of  the  pro- 
posed work  or  improvement,  and  a  statement  of  the  assessed 
value,  according  to  the  last  preceding  tax-roll,  of  the  real  es- 
tate included  within  the  probable  area  of  assessment.  The  ex- 
pense of  all  such  im]M-ovements  shall  be  assessed  and  be  a  lien 
on  the  property  benefited  thereby  in  proportion  to  the  amount 
of  said  benefit ;  but  no  such  work  shall  be  done  by  the  borouglr 
president  on  any  item  which  imposes  a  charge  upon  the  whole 
city  of  more  than  five  hundred  thousand  dollars,  except  with 
the  approval  of  the  board  of  aldermen. 

Local  boards;  power  to  flag  sidewalks,  etc. 

§  435.  A  local  board  shall  have  the  power  to  cause 
the  flagging  or  reflagging  of  sidewalks,  laying  or  relaying  of 
crosswalks,  fencing  vacant  lots,  digging  down  lots  or  filling  in 


LAWS  OF  NEW  YORK. 


sunken  lots  within  its  district,  by  resolution  approved  by  the 
board  of  estimate  and  apportionment;  provided,  how- 
ever, that  when  the  expenses  to  be  incurred  by  any 
one  such  resolution  shall  not  exceed  the  sum  of  two  thou- 
sand dollars,  the  approval  of  the  board  of  estimate  and  appor- 
tionment shall  not  be  necessary.  When  such  public  work  or 
improvement  shall  have  been  duly  authorized,  the  president 
of  the  borough  within  which  such  work  is  to  be  done  shall 
proceed  forthwith  in  the  execution  thereof. 

Power  to  assess  for  local  improvements. 

§  436.  In  all  cases  where  the  board  of  estimate  and  appor- 
tionment or  the  board  of  aldermen  or  the  board  of  estimate 
and  apportionment,  and  the  board  of  aldermen  together,  with 
or  without  the  concurrence  or  approval  of  any  other  board 
or  ofhcer,  are  authorized  to  determine  that  a  local  improve- 
ment is  to  be  made,  the  said  board  of  estimate  and  apportion- 
ment or  the  said  board  of  aldermen,  or  both,  as 
the  case  may  be,  shall  determine  whether  any,  and  if  any, 
what  proportion,  of  the  cost  and  expense  thereof  shall  be 
borne  and  paid  by  The  City  of  New  York,  and  the  remainder 
of  such  cost  and  expense  shall  be  assessed  upon  the  property 
deemed  to  be  benefited  thereby;  and  the  assessment  shall  be 
laid  and  confirmed  and  collected  in  accordance  with 
the  provisions  of  chapter  seventeen  of  this  act.  The  deter- 
mination or  decision  of  such  board  as  to  the  proportion  of 
cost  and  expense  to  be  borne  and  paid  by  The  City  of  New 
York,  and  as  to  the  proportion  to  be  borne  by  the  property 
benefited,  after  it  shall  have  been  made  and  announced,  shall 
be  final,  and  such  determination  or  decision  shall  not  be  re- 
opened or  reconsidered  by  said  board.  The  words  "  local 
improvement "  as  used  in  this  section  shall  be  construed  to 
mean  any  work  the  payment  of  which  was,  prior  to  the  pas- 
sage of  this  act,  provided  for,  by  the  laws  in  force  in  the 
territory  of  the  corporation  formerly  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New  York,  in  whole 
or  in  part,  by  assessment  upon  the  property  deemed  to  be 
benefited  thereby  or  the  ow^ners  thereof,  other  than  assess- 
ments which  are  confirmed  by  a  court  of  record. 

Construction  of  this  title. 

§  437.  Nothing  in  this  title  contained  shall  be  con- 
strued to  in  any  way  limit  the  power  of  the  board  of  aldermen 
in  authorizing  any  public  improvement. 


CHAKTER  OF  NEW  YORK  CITY. 


197 


TITLE  4. 

The  Map  or  Plan  of  The  City  of  New  York,  Establishing  of 
Grades,  Changes  Therein,  Map  of  Sewer  System,  and 
Sewer  Districts. 

The  map  of  The  City  of  New  York. 

§  438.  The  map  or  plan  of  the  territory  lying  within 
the  borough  of  Manhattan,  as  heretofore  laid  out,  adopted  and 
established  by  the  municipal  authorities  of  the  corporation 
known  as  the  mayor,  aldermen  and  commonalty  of  the  city  of 
New  York,  and  the  map  or  plan  of  that  part  of  the  territory 
lying  within  the  borough  of  The  Bronx,  laid  out  by  the  com- 
missioner of  street  improvements  of  the  twenty-third  and 
twenty-fourth  wards  pursuant  to  chapter  five  hundred  and 
forty-five  of  the  laws  of  eighteen  hundred  and  ninety,  and 
the  acts  amendatory  thereof,  as  heretofore  duly  laid  out, 
adopted  and  established  by  such  commissioner,  with  the  con- 
currence and  approval  of  the  board  of  street  opening  and 
improvements  pursuant  to  law,  and  the  map  or  plan  of  so  much 
of  the  territory  laying  within  the  borough  of  Brooklyn,  for 
which  a  permanent  map  or  plan  has  been  adopted,  as  hereto  - 
fore duly  laid  out,  adopted  and  established  by  the  proper 
municipal  authorities,  and  the  map  or  plan  of  so  much  of  the 
territory  lying  within  the  borough  of  Queens,  for  which  a  per- 
manent map  or  plan  has  been  adopted  by  the  proper  municipal 
authorities  of  Long  Island  City,  as  so  laid  out,  adopted  and 
established,  showing  the  parks,  streets,  bridges  and  tunnels, 
and  approaches  to  bridges  and  tunnels,  as  heretofore  laid  out, 
adopted  and  established  pursuant  to  law,  and  the  maps  and 
profiles  included  in  or  accompanying  the  same,  showing  the 
grades  of  such  streets  duly  fixed,  adopted  and  established,  shall 
constitute  the  map  or  plan  of  The  City  of  New  York  to  the 
extent  and  so  far  as  they  cover  the  territory  lying  within  the 
said  city,  and  as  such  is  hereby  laid  out,  adopted,  established 
and  confirmed,  is  to  be  deemed  final  and  conclusive  with  re- 
spect to  the  location,  width  and  grades  of  the  streets  shown 
thereon,  so  far  as  such  location,  width  and  grades  have  been 
heretofore  duly  adopted,  except  as  herein  otherwise  provided. 

Map  to  be  completed. 

?  43Q.  It  shall  be  the  duty  of  the  president  of  each 
borough  comprised  within  The  City  of  New  York,  as  consti- 
tuted by  this  act,  subject  to  the  limitations  herein- 
after   provided,    to    prepare    a    map    of    that    part  of 


19i8 


LAWS  OF  NKW  YORK. 


/ 


the  territory  embraced  within  the  borough  of  which 
he  is  president,  of  which  a  map  or  plan  has  not  heretofore 
been  finally  established  and  adopted,  as  set  forth  in  section  four 
hundred  and  thirty-eight  of  this  act,  locating  and  lay- 
ing out  all  parks,  streets,  bridges,  tunnels  and  approaches  to 
bridges  and  tunnels,  and  indicating  the  width  and  grades  of  all 
such  streets  so  located  and  laid  out.  It  shall  be  the  duty  of  the 
president  of  each  borough  under  the  direction  of  the  mayor  to 
continue  and  complete  the  system  of  exact  triangulation  inaug- 
urated in  the  borough  of  The  Bronx,  over  that  part  of  the  bor- 
ough of  which  he  shall  be  president,  of  which  no  map  or  plan 
has  heretofore  been  established  and  approved,  provided  that 
such  system  of  triangulalion,  after  the  most  approved  and  exact 
method,  shall  be  finished  before  the  first  day  of  Janu- 
ary, nineteen  hundred  and  seven.  The  duty  of  conducting 
such  system  of  triangulation  shall  be  entrusted  only  to  a  civil 
engineer  who  shall  have  had  at  least  five  years'  experience  in 
the  method  and  manner  of  precise  surveying,  and  whose  fit- 
ness and  competency  shall  have  been  determined  in  a  civil 
service  examination.  He  shall  prepare  and  furnish,  for  pri- 
mary stations,  the  latitude  and  longitude  determined  in  con- 
formity with  the  method  used  by  the  United  States  Coast  and 
Geodetic  Survey;  for  secondary  stations,  the  rectangular 
spherical  co-ordinates;  and  for  all  stations,  rectangular  co- 
ordinates referred  to  a  given  fixed  central  meridian,  or  assumed 
meridian.  Such  co-ordinates  shall  be  official  and  binding 
upon  all  officers  making  any  map  or  plan  relating  to  any 
borough  or  part  thereof.  Whenever  and  as  often  as  the  presi- 
dent of  any  borough  shall  have  completed  the  map  of  a  part 
of  the  territory  aforesaid,  he  shall  report  the  same  together 
'with  the  surveys,  maps  and  profiles,  showing  the  parks, 
streets,  bridges,  tunnels,  and  approaches  to  bridges  and  tun- 
nels, located  and  laid  out  by  him,  and  the  grades  thereof,  to 
the  board  of  estimate  and  apportionment  for  its  concurrence 
and  approval,  subject,  nevertheless,  to  such  corrections  or  modi- 
fications as  in  the  judgment  of  the  majority  of  said  board  may 
be  advisable;  and  the  said  board  thereafter  shall  cause  such 
map  or  plan,  and  such  profiles,  as  finally  adopted  by  it,  to  be 
certified  by  the  president  and  secretary  of  said  board,  and  filed 
as  follows :  One  copy  thereof  in  the  office  in  which  conveyances 
of  real  estate  are  required  to  be  recorded  in  the  county  in 
which  the  territory  shown  upon  such  map  is  located ;  one  copy 
thereof  in  the  office  of  the  corporation  counsel,  and  one  copy 
thereof  in  the  office  of  the  president  of  the  borough,  who  shall 


CHARTER  OF  NEW  YORK  CITY. 


199 


have  prepared  such  map.  Such  map  and  profiles, 
when  so  adopted  and  filed,  shall  become  a  part  of 
the  map  or  plan  of  The  City  of  New  York,  and  shall 
be  deemed  to  be  final  and  conclusive  with  respect  to  the  loca- 
tion, width  and  grades  of  the  streets  shown  thereon,  and  the 
same  shall  not  be  subject  to  any  further  change  or  modification 
except  as  provided  in  section  four  hundred  and  forty-two  of 
this  act;  provided,  however,  that  local  boards  at  a  joint  meet- 
ing of  all  the  boards  comprised  within  the  borough  for  which 
said  map  was  adopted,  within  three  months  after  the  open- 
ing of  a  street,  shall  have  the  power  to  alter  the  grade  of 
such  street,  and  to  alter  the  grades  of  intersecting  streets,  so 
far  as  it  may  be  necessary  to  conform  the  same  to  new  grades 
of  the  street  opened. 

President  may  be  required  to  complete  map. 

§  440.  The  board  of  estimate  and  apportionment,  with  the 
approval  of  the  mayor,  may  at  any  time  require  the  president 
of  any  borough  to  complete  the  map  or  plan  of  the  whole  or 
of  a  part  of  the  territory  for  which  the  map  or  plan  shall  not 
at  such  time  have  been  finally  established  and  adopted  as 
specified  in  sections  four  hundred  and  thirty-eight  and  four 
hundred  and  thirty-nine  of  this  act,  and  to  report  the  same 
to  the  board  of  estimate  and  apportionment  within  a  fixed 
and  specified  time. 

Grades  established  by  user. 

§  441.  Whenever  any  street  m  The  City  of  New 
York  shall  have  been  used  as  such  for  upwards  of  twenty  years 
without  having  the  grade  thereof  established  by  law,  the  level 
or  surface  of  such  street  as  so  used  shall  be  deemed  to  be  and 
to  have  been  the  grade  thereof. 

Authority  to  change  the  map  or  plan  of  the  city  or  to  change  grades. 

§  442.  The  board  of  estimate  and  apportionment 
is  authorized  and  empowered,  whenever  and  as  often 
as  it  may  deem  it  for  the  public  interest  so  to 
do,  to  initiate  a  change  in  the  map  or  plan  of 
The  City  of  New  York,  so  as  to  lay  out  new  streets, 
parks,  bridges,  tunnels  and  approaches  to  bridges  and 
tunnels  and  parks,  and  to  widen,  straighten,  extend,  alter 
and  close  existing  streets,  and  to  change  the  grade  of 
existing  streets  shown  upon  such  map  or  plan,  by  pub- 


200 


LAWS  OF  NEW  YOKK. 


lishi»g  notice  of  its  proposed  action  for  ten  days,  in  the 
City  Record  and  the  corporation  newspapers,  and  giving 
ail  opportunity  for  all  persons  interested  in  such  change 
to  be  heard,  at  a  time  and  place  to  be  specified  in  such 
notice,  such  time  to  be  not  less  than  ten  days  after  the 
first  publication  of  such  notice.  After  the  due  publication  ol 
such  notice,  and  after  hearing  protests  and  objections,  if  any 
there  be,  against  the  proposed  change,  if  the  said  board  shall 
favor  such  change,  notwithstanding  such  protests  and  objec- 
tions, it  shall  transmit  its  resolution  to  that  effect  to  the 
board  of  aldermen,  together  with  the  objections,  if  any, 
which  have  been  made  in  writing,  and  filed  with  it,  and  a 
statement  of  its  reasons  for  such  determination.  If  the 
board  of  aldermen  concur  in  such  resolution  passed  by  the 
board  of  estimate  and  apportionment  by  passing  an  ordinance 
adopting  and  approving  the  same  by  a  two-thirds  vote,  and 
the  same  receives  the  approval  of  the  mayor,  such  change  in 
the  map  or  plan  of  The  City  of  New  York,  or  in  the  grade  of 
any  street  or  streets  shown  thereon,  shall  be  deemed  to  have 
been  made.  The  board  of  estimate  and  apportionment  is 
authorized  and  empowered  without  the  concurrence  of  board 
of  aldermen,  but  with  the  approval  of  the  mayor,  to  change 
the  grades  of  bridges,  tunnels,  and  approaches  to  bridges 
and  tunnels,  and  the  location  of  approaches  to  bridges  and 
tunnels. 

Maps  of  city  to  be  kept  in  office  of  corporation  counsel  and  office 
of  borough  presidents;  maps  showing  changes  where  filed. 

§  443.  The  map  or  plan  of  The  City  of  New  York 
or  a  certified  copy  thereof,  showing  the  streets  and  parks  within 
The  City  of  New  York  as  constituted  by  this  act,  shall  be  kept, 
one  copy  thereof  in  the  ofiice  of  the  corporation  counsel  and 
one  copy  thereof,  so  far  as  the  same  shall  apply  to  any  one 
borough,  in  the  ofHce  of  the  borough  president  of 
such  borough.  Whenever  the  map  or  plan  of  The 
City  of  New  York,  as  heretofore  laid  out,  adopted, 
established  and  confirmed  by  this  act,  or  as  here- 
after laid  out,  adopted  and  established  pursuant  to  this  act, 
shall  be  changed,  and  whenever  the  grade  of  any  street  shown 
thereon  shall  be  changed,  the  board  of  estimate  and  appor- 
tionment shall  forthwith  cause  the  maps  and  pro- 
files, showing  such  change  in  the  map  or  plan 
of  The  City  of  New  York,  or  in  the  grade  of  a  street  or 
streets  shown  thereon,  to  be  certified  by  the  secretary  of  said 


CHAETEli  OF  NEW  YORK  OITY. 


201 


board  and  filed  as  follows:  One  copy  thereof  in  the  office 
in  which  the  couveyances  of  real  estate  are  required  to  l^e 
recorded  in  the  county  in  which  the  territory  shown  upon 
said  copy  is  located;  one  copy  thereof  in  the  office  of  the 
corporation  counsel  and  one  copy  thereof,  so  far  as  the  same 
shall  apply  to  any  one  borough,  in  the  ofhce  of  the  president 
of  such  borough. 

Drainage  and  sewer  system  to  be  completed. 

§  444.  It  shall  be  the  duty  of  the  said  president  of  each 
borough  subject  to  the  approval  of  the  board  of  estimate  and 
apportionment,  to  devise  and  prepare,  so  far  as  the  same  has 
not  already  been  done,  a  plan  for*  the  proper  sewerage  and 
drainage  of  the  borough  of  which  he  is  president 
for  the  purpose  of  thoroughly  draining  and  car- 
rying off  water  and  other  matter  proper  to  be  carried  off  by 
sewers.  The  president  of  the  borough  of  Brooklyn  and 
president  of  the  borough  of  Queens  shall  confer  as  to  sucb. 
part  of  such  plan  for  each  borough  as  shall  adjoin  the  other, 
and  shall  endeavor  to  make  said  plans  harmonize  with  eacli 
other  so  far  as  may  be.  The  said  president  of  each  borough 
shall,  so  far  as  the  same  has  not  already  been  done, 
and  subject  to  the  like  approval,  lay  out  the  bor- 
ough of  which  he  is  president,  into  as  many  sewer- 
age districts  as  he  may  deem  necessary  for  the  afore- 
said purpose,  and  shall  also  determine  and  show,  on  suitable 
maps  or  plans,  the  location,  course,  size  and  grade  of  each 
sewer  and  drain  proposed  for  each  of  said  districts,  and  the 
proposed  alterations  and  improvements  in  existing  sewers, 
and  shall  also  determine  and  show,  on  said  maps  or  plans,  the 
contemplated  depth  of  said  sewers  and  drains  below  the  pres- 
ent surface,  and  also  below  the  established  grades  of  the 
streets  and  avenues  in  each  of  said  districts,  and  such  other 
particulars  as  may  be  necessary  for  the  purpose  of  exhibiting 
a  complete  plan  of  the  proposed  sewerage  therein. 

Drainage  plan  to  be  filed. 

§  445.  Upon  the  completion  of  the  map  or  plan 
for  the  drainage  of  any  sewerage  district  and  its  ap- 
proval by  the  board  of  estimate  and  apportionmen:, 
such  map  or  plan  shall  be  the  permanent  plan  for  the 
sewerage  of  such  district;  subject,  however,  to  such  subse- 
quent modifications  as  may,  in  the  opinion  of  the  president  of 
the  borough  to  which  said  plan  shall  apply,  and  the  board  of 


LAWS  OF  NEW  YORK. 


estimate  and  apportionment,  become  necessary  in  conse- 
quence of  alterations  made  in  the  location  of  grade  of  any 
street  or  part  thereof  in  said  district,  or  for  other  reasons. 
Copies  of  such  complete  map  or  plan  and  of  the  maps  show- 
ing modifications  therein  shall  be  certified  by  the 
mayor  and  the  secretary  of  the  board  of  estimate 
and  apportionment  and  shall  be  filed  as  follows: 
One  copy  thereof  in  the  office  in  which  conveyances  of 
real  estate  are  required  to  be  recorded  in  the  county  in  which 
the  territory  shown  upon  said  map  is  located;  one  copy  there- 
of in  the  office  of  the  corporation  counsel,  and  one  copy 
thereof  in  the  office  of  the  president  of  the  borough  to  which 
said  plan  applies. 

All  sewers  to  be  in  accordance  with  general  plan. 

§  446.  It  shall  not  be  lawful  hereafter  to  construct 
any  sewer  or  drain  in  the  city  unless  such  sewer  or  drain  shall 
be  in  accordance  with  the  general  plan,  approved  as  afore- 
said, for  the  sewerage  of  the  particular  district  in  which  such 
sewer  or  drain  is  proposed  to  be  constructed. 

Raising  of  grade  for  drainage. 

§  447.  Whenever  the  president  of  any  borough  shall 
determine  that  it  is  necessary  to  raise  the  grade 
of  any  street  or  streets  for  the  proper  sewerage  of  the  sewer 
district  in  which  such  street  or  streets,  or  parts  of  streets,  are 
situated,  the  said  president  shall  prepare  a  plan  show- 
ing said  proposed  change  of  grade,  and  shall  present  the  same 
to  the  board  of  estimate  and  apportionment,  which  said  board 
is  hereby  authorized  and  empowered  to  change  the  grade  of 
such  street  or  streets,  or  parts  of  streets,  so  far  as  shall  be 
necessary  for  the  proper  drainage  thereof  in  accordance  with 
said  plan. 

Power  to  mark  boundaries  and  to  make  surveys. 

§  448.  The  mayor  shall  have  power  to  direct  the  presi- 
dent of  any  borough  to  mark  any  boundary  line  or  lines 
of  the  municipal  corporation  constituted  by  this  act  and 
known  as  The  City  of  New  York,  as  said  boundary  line 
or  lines  is  or  are  determined  in  and  by  this  act,  so  as 
to  distinguish  and  define  the  boundaries  of  said  city,  the 
boundaries  of  the  boroughs  thereof,  and  any  other  bound- 
ary line  or  lines  determined  in  and  by  this  act,  by  such 


CHARTER  OF  NEW  YORK  CITY. 


203 


monuments  as  may  be  authorized  by  the  mayor.  The  presi- 
dent of  any  borough  shall  upon  the  request  of  the  board  of 
aldermen,  of  a  local  board,  of  commissioners  of  estimate,  or 
of  commissioners  of  estimate  and  assessments,  furnish 
surveys,  diagrams  or  other  information  as  may  enable  them 
to  fully  discharge  the  duties  imposed  upon  them  by  this  act 
relative  to  street  and  park  improvements.  It  shall  be  lawful 
for  the  president  of  any  borough,  and  all  persons 
acting  under  his  authority,  to  enter  in  the  day  time 
into  and  upon  any  lands,  tenements  and  heredita- 
ments and  waters  which  he  shall  deem  necessary  to  be 
surveyed,  used  or  converted  for  the  laying  out,  surveying  and 
monumenting  of  parks,  streets,  bridges,  tunnels,  and  ap- 
proaches to  bridges  and  tunnels,  in  The  City  of  New  York,  or 
for  marking  any  boundary  line  or  lines. 

President  to  appoint  surveyor;  appropriations  to  be  made  for  maps, 
etc. 

§  449.  The  president  of  each  borough  shall  have  power  to 
appoint  a  surveyor  or  engineer  who  shall  have  the  custody 
of  the  maps  filed  in  the  office  of  the  president  of  said  borough. 
There  shall  be  made  in  the  final  estimate  each  year 
such  provisions  or  appropriations  as  may  be  necessary  for  the 
preparation  and  making  of  maps,  plans  and  profiles,  and  for 
the  setting  of  monuments. 

CHAPTER  XI. 
Departments  of  Water  Supply,  Gas  and  Electricity, 
Street  Cleaning  and  Bridges. 

Title  I.  General  provisions. 

Title  2.  Department  of  water  supply,  gas  and  electricity. 

Title  3.  Department  of  street  cleaning. 

Title  4.  Department  of  bridges. 

title  I. 
General  Provisions* 

Heads  of  departments. 

§  450.  Each  of  the  commissioners  hereinafter  provided  for 
in  this  chapter  shall  in  all  respects  administer  his  department 
in    conformity    with    the    ordinances    of   the   board  of 


204 


LAWS  OF  NEW  YUilK. 


aldermen  relating  thereto,  and  each  shall  be  vested 
with  the  sole  executive  power  in  his  department,  and  be  subject 
to  the  laws  of  the  state  and  the  ordinances  of  the  city  for  the 
conduct  and  the  work  of  his  department. 

Deputies. 

§  452.  The  commissioner  at  the  head  of  each  of 
said  departments  may  appoint  one  deputy  commis- 
sioner who  shall  be  located  at  the  main  office  of  such 
department,  and  there  may  be  a  deputy  in  each  borough  in 
which  is  located  a  branch  office  of  such  department,  if  provi- 
sion is  made  therefor  by  the  board  of  estimate  and  apportion- 
ment and  the  board  of  aldermen.  A  deputy  com- 
missioner located  at  a  branch  office  shall,  under  the  direction 
and  control  of  the  commissioner  appointing  him,  have  charge 
of  the  office  work  of  his  department  in  the  borough  or  bor- 
oughs for  which  the  office  was  established,  and  of  the  execution 
of  all  work  devolved  upon  his  department  therein.  The  com- 
missioner at  the  head  of  each  of  said  departments  may 
designate  one  or  more  of  said  deputies,  who  shall,  in  addition 
to  his  other  powers,  possess  every  power  and  perform  all  and 
every  duty  belonging  to  the  office  of  such  commissioner,  so 
far  as  specified  in  such  designation,  whenever  so  empowered 
by  such  commissioner  by  written  authority,  designating  there- 
in a  period  of  time,  not  extending  beyond  a  period  of  three 
months  nor  beyond  the  term  of  office  of  such  commissioner, 
during  which  such  power  and  duty  may  be  exercised,  and  such 
designation  and  authority  shall  be  duly  filed  in  and  remain  of 
record  in  said  department,  but  may  be  revoked  at  any  time.  A 
deputy  commissioner  so  designated  shall  possess  the  like 
authority  in  case  of  absence  or  disability  of  such  commissioner. 

Engineers. 

§  453.  The  commissioner  at  the  head  of  each  of  said  depart- 
ments, excepting  the  department  of  street  cleaning,  may 
appoint  and  at  pleasure  remove  a  chief  engineer  of  his 
department,  with  power  to  appoint,  remove,  and  detail  a  staff 
of  assistant  engineers.  If  the  commissioner  of  any  department 
deem  it  advisable  that  more  than  one  chief  engineer  be  ap- 
pointed for  such  department,  such  commissioner,  when  au- 
thorized by  the  board  of  estimate  and  apportionment  and  the 
board  of  aldermen,  may  appoint  such  additional  chief  en- 
gineers,  each   with   power   to   appoint   and   remove  a^ 


CHARTER  OF  NEW  YORK  CITY. 


20o 


pleasure,  and  detail  a  staff  of  assistant  engineers. 
All  chief  engineers  and  assistant  engineers  appointed 
by  them  respectively,  must  be  civil  engineers  of  at 
least  ten  years'  experience.  An  engineer  located  at  a  branch 
office  of  his  department  in  any  borough  may  be  appointed  a 
deputy  commissioner  for  the  borough  or  boroughs  to  which  he 
is  assigned.  An  assistant  engineer  who  has  been  appointed  a 
deputy  commissioner  may  be  designated  as  the  engineer  for 
the  borough  in  which  he  acts  as  deputy.  Any  engineer  may 
be  designated  by  such  title  as  shall  properly  describe  his  prin- 
cipal duties  in  the  judgment  of  the  head  of  his  department. 

Consulting  engineers. 

§  455.  The  commissioner  of  bridges  may  at  any  time  em- 
ploy, when  thereto  authorized  by  the  board  of  estimate 
and  apportionment  and  the  board  of  aldermen,  a  consulting 
engineer,  who  shall  be  a  recognized  expert  in  bridge  con- 
struction, and  who  shall  have  had  not  less  than  fifteen 
years*  experience  as  a  civil  engineer.  The  commissioner 
of  water  supply,  gas  and  electricity  may  at  any  time 
employ,  when  thereto  authorized  by  the  board  of  estimate 
and  apportionment  and  the  board  of  aldermen,  a  consulting 
hydraulic  engineer  to  his  department  of  at  least  fifteen  years' 
experience  as  a  civil  engineer,  and  a  consulting  engineer  of 
lighting  and  electricity  to  his  department,  who  shall  be  an 
expert  in  all  matters  relating  to  lighting  and  electricity,  and 
.whose  training  shall  also  have  included  instruction  in  the 
capacity  of  civil  engineer. 

Commissioners;  power  to  appoint,  etc. 

§  459.  If  the  commissioners  of  two  or  more  departments 
named  in  this  chapter  shall  at  any  time  determine  that  the 
duties  of  the  chief  engineer  or  the  deputy  commissioner  in 
each  of  said  two  or  more  departments  in  and  for  any  bor- 
ough can  be  adequately  performed  by  one  and  the  same  person, 
then  it  shall  be  lawful  for  said  commissioners,  each  acting  in 
his  department,  to  appoint  the  same  individual  as  chief  engi- 
neer or  deputy  commissioner,  or  both,  of  such  departments 
for  any  of  said  boroughs;  such  appointment  as  chief  engineer 
may  be  revoked  by  the  proper  commissioner  or  commissioners, 
respectively,  as  to  all  but  one  department. 


206 


LAWS  OF  NEW  YORK. 


Transfer  of  employes  from  borough  to  borough  and  from  department 
to  department. 

§  460.  Nothing  in  this  act  contained  shall  be  construed  to 
limit  in  any  way  the  power  of  the  commissioner  at  the  head 
of  any  one  of  the  departments  named  in  this  chapter  to  transfer 
any  employe  or  employes  from  the  office  of  his  department 
located  in  one  borough  to  the  office  of  his  department  in  any 
other  borough. 

Transfer  of  appropriations. 

§  461.  No  appropriation  to  any  one  of  the  departments 
named  in  this  chapter,  which  is  specifically  appropriated  to  be 
used  in  one  borough  shall  be  transferred  for  expen  diture  in 
any  other  borough  by  the  board  of  estimate  and 
apportionment,  except  with  the  consent  of  the  presi- 
dent of  the  borough  from  which  the  transfer  is  to 
be  made;  but  if  any  public  work  within  tlie  cognizance  and 
control  of  any  one  of  said  commissioners  must  be  executed  in 
more  than  one  borough  he  may,  in  his  discretion,  direct  that 
said  work  shall  be  done  through  the  joint  forces  of  his  depart- 
ment in  the  boroughs  affected,  or  he  may  execute  such  work 
with  the  force  of  his  central  office. 

Definition  of  word  "  street." 

§  462.  Whenever  the  word  "  street,"  or  the  plural  thereof, 
occurs  in  this  chapter,  it  shall  be  deemed  to  include  all  that  is 
included  by  the  term  street,  avenue,  road,  alley,  lane,  high- 
way, boulevard,  concourse,  public  square  and  public  place," 
or  the  plurals  thereof,  respectively. 


TITLE  2. 

Department  of  Water  Supply,  Gas  and  Electricity, 

Commissioner  of  water  supply,  gas  and  electricity;  appointment; 
salary. 

§  468.  The  head  of  the  department  of  water  supply,  gas  and 
electricity  shall  be  called  the  commissioner  of  water  supply, 
gas  and  electricity.  He  shall  be  appointed  by  the  mayor 
and  hold  office  as  provided  in  chapter  four  of  this  act.  His 
salary  shall  be  seven  thousand  five  hundred  dollars  a  year. 
The  main  office  of  the  department  shall  be  located  in  the  bor- 


CHARTER  OF  NEW  YORK  CITY. 


207 


ough  of  Manhattan.  A  branch  office  shall  be  located  in  the 
borough  of  Brooklyn,  and  may  be  located  ui  the  borough  of 
The  Bronx. 

Id.;  jurisdiction. 

§  469.  The  commissioner  of  water  supply,  gas  and  electric- 
ity shall  have  cognizance  and  control : 

1.  Of  all  structures  and  property  connected  with  the  sup- 
ply and  distribution  of  water  for  public  use,  except  the  same 
sliall  be  owned  by  private  corporations,  including  all  fire  and 
drinking  hydrants  and  all  water  meters. 

2.  Of  maintaining  the  quality  of  the  water  supply,  and  of 
the  investigation  for,  and  the  construction  of  all  work  neces 
sary  to  deliver  the  proper  and  required  quantity  of  watei 
with  ample  reserve  for  contingencies  and  future  demands. 

3.  Of  the  collection  of  the  revenues  from  the  sale  or  use 
of  water  from  the  public  water  supply. 

4.  Of  the  enforcing  of  the  regulations  concerning  the  use 
of  water,  and  of  recommending  to  the  board  of  aldermen  pro- 
posed ordinances  relating  to  any  of  the  matters  within  the 
province  of  his  department. 

5.  Of  the  making  and  performance  of  contracts  when  duly 
authorized  in  accord  with  the  provisions  of  this  act,  and  for 
the  execution  of  the  same  in  the  matter  of  furnishing  the 
city,  or  any  part  thereof,  with  gas,  electricity  or  any  other 
illuminant  or  of  steam;  of  the  selecting,  locating  and  removing 
and  changing  of  lights  for  the  use  of  the  city;  of  the  inspecting 
and  testing  of  gas  and  electricity  used  for  light,  heating  and 
power  purposes,  electric  meters,  electric  wires  and  of  all 
lights  furnished  to  said  city ;  and  of  the  use  and  transmission 
of  gas,  electricity,  pneumatic  power  and  steam  for  all  pur- 
poses in,  upon,  across,  over  and  under  all  streets,  roads,  ave- 
nues, parks,  public  places  and  public  buildings;  of  the  con- 
struction of  electric  mains,  conduits,  conductors,  and  sub- 
ways in  any  such  streets,  roads,  avenues,  parks  and  public 
places,  and  the  granting  of  the  permission  to  open  streets, 
when  approved  by  the  borough  president,  and  to  open  the 
same  for  the  purpose  of  carrying  on  therein  the  business  of 
transmitting,  conducting,  using  and  selHng  electricity, 
steam,  or  for  the  service  of  pneumatic  tubes.  This  section 
shall  not  be  construed  to  empower  the  said  commissioner  to 
grant  permission  to  open  or  use  the  streets  except  by  per- 
sons or  corporations  otherwise  duly  authorized  to  carry  on 
Inisiness  of  the  character  above  specified. 


208 


LAWS        NEW  YORK:. 


Id.;  power  when  more  than  one  borough  involved. 

§  470.  If  any  of  the  public  work  within  the  cognizance  and 
control  of  the  said  commissioner  of  water  supply,  gas  and 
electricity  must  be  executed  entirely  outside  of  the  city  limits, 
he  may  direct  that  such  work  be  done  by  any  of  his  force  as 
may  seem  to  him  most  advantageous. 

Id.;  restriction  on  power  to  contract. 

§  471.  It  shall  not  be  lawful  for  the  commissioner  of  water 
supply,  gas  and  electricity  to  enter  into  any  contract  whatever 
with  any  person  or  corporation  engaged  in  the  business  of 
supplying  or  selling  water  for  private  or  public  use  and 
consumption,  unless,  preliminary  to  the  execution  of  the 
contract,  the  assent  of  the  board  of  estimate  and  appor- 
tionment, together  with  the  separate  written  consent  and 
approval  of  both  the  mayor  and  the  comptroller  of  The 
City  of  New  York  of  the  proposed  contract  in  all  its 
details,  shall  be  given  by  resolution  to  the  execution  of 
such  contract  as  submitted,  and  it  shall  not  be  lawful 
for  the  said  city  of  New  York  or  for  any  department 
thereof,  to  make  any  contract  touching  or  concerning  the 
public  water  supply,  and  especially  the  increase  thereof,  with 
any  person  or  corporation  whatsoever,  save  in  accordance 
with  the  provisions  and  requirements  of  this  act,  which  said 
provisions  and  requirements  are  hereby  declared  to  estab- 
lish the  exclusive  rule  for  the  making  of  such  contracts.  All 
proceedings  relating  to  the  making  or  approval  of  any  such 
contract  may  be  reviewed  by  the  appellate  division  of  the 
supreme  court  in  the  first  or  second  department  on  the  ap- 
plication of  any  resident  taxpayer. 

Id.;  power  to  determine  source  of  water  supply;  condemnation  pro- 
ceedings, etc. 

§  472.  The  commissioner  of  water  supply,  gas  and  elec- 
tricity, with  the  approval  of  the  board  of  estimate  and  appor- 
tionment, shall  have  pdwer  within  and  throughout  the 
state  of  New  York,  to  select  and  to  determine  all 
sources  of  water  supply  that  may  be  needed  for  the 
supply  of  the  public  water-works  of  said  city,  and  for  the  sup- 
ply and  distribution  of  water  in  said  city.  Any  sources  of 
water  so  selected  and  determined  by  him  sliall  be  deemed 
necessary  for  the  public  use  of  The  City  of  New  York, 
and  thereupon,  with  the  approval  of  the  board  of  estimate 


CHARTER  OF  NEW  YORK  CITY.  iiUO 


and  apportionment,  together  with  the  authority  of  the 
board    of    aldermen     expressed     by     its    resolution  or 
ordinance,    it    shall   be    lawful   for   The    City    of  New 
York  to  acquire  by  condemnation  any  real  estate  or  any  interest 
therein  that  may  be  necessary  in  order  to  acquire  the  sole  and 
exclusive  property  in  such  source  or  sources  of  water  supply, 
and  to  wholly  extinguish  the  water  rights  of  any  other  person 
or  corporation  therein,  with  the  right  to  lay,  relay,  repair  and 
maintain  aqueducts,  conduits  and  water  pipes  with  the  connec- 
tions and  fixtures  on  the  lands  of  others,  and,  if  necessary,  to 
acquire  by  condemnation  lands  for  such  purpose  in  any  county 
or  counties  through  which  it  may  be  necessary  to  pass  in  con- 
ducting such  waters  to  The  City  of  New  York ;  the  right  to  in- 
tercept and  to  direct  the  flow  of  water  from  the  lands  of  riparian 
owners,  and  from  persons  owning  or  interested  in  any  water, 
and  the  right  to  prevent  the  flow  or  drainage  of  noxious  or 
impure  matters  from  the  lands  of  others  into  its  reservoirs  or 
sources  of  supply,  provided  that  it  shall  not  have  power 
to  acquire  or  to  extinguish  the  property  rights  of  any  person 
or  corporation  in  or  to  any  water  rights  that  at  the  time 
of  the  initiation  of  proceedings  for  condemnation  are  in  actual 
use  for  the  supply  of  the  water-works  of  the  people  of  any 
other  city,  town  or  village  of  the  state,  or  for  the  supply  and 
distribution  of  waters  to  the  people  thereof;  or  which  in  the 
opinion  of  the  court  on  such  proceedings  may  reasonably 
become  necessary  for  such  supply  or  to  take  or  use  the  water 
from  any  of  the  canals  of  the  state,  any  canal  reservoirs,  or 
waters  used  exclusively  as  feeders  for  canals,  or  from  any  of 
the  streams  acquired  by  the  state  for  supplying  the  canals  with 
water.    It  shall  be  the  duty  of  the  corporation  counsel  to  take 
the  necessary  legal  proceedings,  as  provided  in  this  act,  for 
such  improvement,  upon  the  request  in  writing  of  the  said 
commissioner  of  water  supply.    In  the  ascertainment  of  tlie 
compensation  for  any  property  or  property  rights  so  acquired, 
such  compensation  shall  be  based  upon  the  actual  values  of  the 
property  or  the  interest  acquired  therein  at  the  time  of  its  tak- 
ing, and  there  shall  not  be  taken  into  consideration  any  pros- 
pective or  speculative  value,  based  upon  the  possible,  probable 
or  actual  future  use  of  such  property,  or  property  rights,  if  the 
same  had  not  been  acquired  by  the  said  city  of  New  York  for 
the  public  use.    The  commissioner  of  water  supply,  gas  and 
electricity  is  hereby  authorized  to  examine  into  the  sources  of 
water  supply  of  any  private  companies  supplying  The  City  of 
New  York  or  anv  portion  thereof  or  its  inhabitants  with  water, 


210 


LAWS  OF  NEW  YORK. 


to  see  that  the  same  is  wholesome  and  the  supply  is  adequate, 
and  to  establish  such  rules  and  regulations  in  respect  thereof 
as  are  reasonable  and  necessary  for  the  convenience  of  the 
public  and  the  citizens;  and  the  said  commissioner  may  exer- 
cise superintendence,  regulation  and  control  in  respect  of  the 
supply  of  water  by  such  water  companies,  including  rates, 
fares  and  charges  to  be  made  therefor,  except  that  such  rates, 
fares  and  charges  shall  not,  without  the  consent  of  the 
grantee,  be  reduced  by  the  said  commissioner  beyond  what  is 
just  and  reasonable ;  and  in  case  of  a  controversy,  the  question 
of  what  is  just  and  reasonable  shall  be  finally  determined  as  a 
judicial  question  on  its  merits  by  a  court  of  competent  juris- 
diction. The  City  of  New  York  is  authorized  to  acquire  by 
purchase,  lease,  or  otherwise,  lands  or  water  in  any  other  state, 
or  rights,  interests,  or  privileges  in,  to  or  over  any  lands  or 
water  in  any  other  state  for  the  purpose  of  supplying  water  to 
The  City  of  New  York.  Nothing  in  this  section  contained 
shall  be  deemed  in  any  manner  to  limit  the  rights,  property 
rights,  power  or  jurisdiction  now  possessed  by  The  City  of 
New  York  in  relation  to  the  possession,  maintenance,  operation 
or  completion  of  its  present  water  system. 

Board  of  aldermen;  power  to  fix  rents,  etc.,  for  water  supply. 

§  473.  The  board  of  aldermen  shall  hereafter  have  all 
power,  on  recommendation  of  the  commissioner  of  water 
supply,  gas  and  electricity,  to  fix  and  to  establish 
a  uniform  scale  of  rents,  and  charges  for  supplying 
water  by  The  City  of  New  York,  which  shall  be 
apportioned  to  different  classes  of  buildings  in  said 
city  in  reference  to  their  dimensions,  value,  exposures 
to  fires,  ordinary  uses  for  dwellings,  stores,  shops,  private 
stables  and  other  common  purposes,  number  of  families  or 
occupants,  or  consumption  of  water,  as  near  as  may  be  prac- 
ticable, and  modify,  alter,  amend  and  increase  such  scale  from 
time  to  time,  and  to  extend  it  to  other  descriptions  of  build- 
ings and  establishments.  All  extra  charges  for  water  shall 
be  deemed  to  be  included  in  the  regular  rents,  which  shall 
become  a  charge  and  lien  upon  the  buildings  upon  which 
they  are  respectively  imposed,  and  if  not  paid,  shall  be  returned 
as  arrears  to  the  collector  of  assessments  and  arrears.  Such 
regular  rents,  including  the  extra  charges  above  mentioned, 
shall  be  collected  from  the  owners  or  occupants  of  all  such 
buildings,  respectively,  which  shall  be  situated  upon  lots  ad- 
joining any  street  or  avenue  in  said  city  in  which  the  distrib- 


CHARTER  OF  NEW  YORK  CITY. 


211 


uting  water  pipes  are  or  may  be  laid,  and  from  which  they 
can  be  supplied  with  water.  Said  rents,  including  the  extra 
charges  aforesaid,  shall  become  a  charge  and  Hen  upon  such 
houses  and  lots,  respectively,  as  herein  provided,  but  no  charge 
whatever,  shall  be  made  against  any  building  in  which  a  water 
meter  may  have  been  or  shall  be  placed  as  provided  in  this  act. 
In  all  such  cases  the  charge  for  water  shall  be  determined  only 
by  the  quantity  of  water  actually  used  as  shown  by  said  meters. 

Commissioner;  power  to  contract  for  water  supply  for  the  twenty- 
fourth  ward;  duty  in  relation  to. 

§  474.  The  commissioner  of  water  supply,  gas  and  elec- 
tricity is  authorized,  on  behalf  of  The  City  of  New  York,  with 
the  preHminary  consent  of  the  board  of  estimate 
and  apportionment,  to  contract  from  time  to  time 
with  the  city  of  Yonkers,  or  the  board  of  water 
commissioners  of  the  city  of  Yonkers,  for  a  supply  of 
wholesome  water  for  the  twenty-fourth  ward  and  other  parts 
of  the  borough  of  The  Bronx,  from  the  water-works,  or  water 
belonging  to  them  or  under  their  charge  and  control,  for  such 
time,  in  such  quantities,  and  at  such  places  as  may  be  agreed 
upon  by  them.  The  said  commissioner  is  author- 
ized and  directed  to  procure,  purchase  and  lay,  provide 
and  make  ready  for  use,  from  time  to  time,  so  many  mains 
and  pipes  and  other  means  and  appliances,  and  erect  so  many 
hydrants  as  may  be  necessary  and  sufficient  to  distribute  and 
supply  the  water  so  procured  under  contract  with  the  city  of 
Yonkers  to  and  through  said  twenty-fourth  ward,  or  such 
part  of  it  as  may  require  or  be  in  need  of  the  same,  and  which 
cannot  be,  or  in  his  judgment  ought  not  to  be  supplied  from 
the  Croton  water-works,  and  to  purchase,  provide,  do,  and 
perform  all  things  necessary  or  proper  to  enable  the  said 
twenty-fourth  ward,  or  said  part,  and  the  inhabitants  thereof, 
to  obtain  and  have  an  abundant  supply  of  water  at  all  times, 
and  for  such  purpose,  in  case  of  necessity  or  convenience,  to 
arrange  and  agree  with  the  owner  of  lands  in  said  ward  for 
an  irrevocable  license  or  permission  to  enter  upon,  lay,  repair, 
keep  in  order,  protect,  and  maintain  mains,  pipes,  conduits 
and  hydrants  in,  through  and  upon  said  lands.  The  board 
of  aldermen  is  authorized  to  fix,  and  from  time  to 
time  to  alter,  on  the  recommendation  of  the  said 
commissioner,  special  rates  or  charges  for  water  sup- 
plied   to    any    house    or    building,    or    to    any  other 


212 


LAWS  OF  NEW  YORK. 


erection  or  structure,  in  said  twenty-fourth  ward,  in- 
cluding washers  and  hydrants,  and  to  make  such 
arrangements  and  rules  as  may  be  proper  to  ascertain  the 
quantity  of  water  used  therein,  or  by  means  thereof,  and  such 
rates  and  charges  shall  be  a  lien  until  paid  upon  the  lands  upon 
which  such  house,  building,  or  other  erection  or  structure  may 
stand  or  be  situated,  and  shall  be  collectible  at  the  same  time 
and  in  the  same  manner,  including  sales  for  unpaid  taxes,  as 
the  ordinary  tax  imposed  on  the  same  lands. 

Meters. 

§  475»  The  commissioner  of  water  supply  is  authorized,  in 
his  discretion,  to  cause  water-meters,  the  pattern  and  price 
of  which  shall  be  approved  by  the  board  of  alder- 
men, to  be  placed  in  all  stores,  workshops,  hotels, 
manufactories,  office  buildings,  public  edifices,  at  wharves, 
ferry-houses,  stables,  and  in  all  places  in  which  water 
is  furnished  for  business  consumption,  and,  if  author- 
ized thereto  by  resolution  or  ordinance  of  the  board  of  alder- 
men, in  all  apartment  houses,  tenements,  flat  houses  and  pri- 
vate dwellings,  so  that  all  water  so  furnished  therein  or 
thereat  may  be  measured  and  known  by  the  said  department, 
and  for  the  purpose  of  ascertaining  the  ratable  portion  which 
consumers  of  water  should  pay  for  the  water  therein  or 
thereat  received  and  used.  Thereafter,  as  shall  be  deter- 
mined by  the  commissioner  of  water  supply,  the  said  depart- 
ment shall  make  out  all  bills  and  charges  for  water  furnished 
by  them  to  each  and  every  consumer  as  aforesaid,  to  whose 
consumption  a  meter  as  aforesaid  is  affixed  in  ratable  pro- 
portion to  the  water  consumed,  as  ascertained  by  the  meter 
on  his  or  her  premises  or  places  occupied  or  used  as  afore- 
said. All  expenses  of  meters,  their  connections  and  setting, 
water  rates  and  other  lawful  charges  for  the  supply  of  water 
shall  be  a  Hen  upon  the  premises  where  such  water  is  sup- 
plied as  now  provided  by  law.  Nothing  herein  contained 
shall  be  construed  so  as  to  remit  or  prevent  the  due  collection 
of  arrearages  or  charges  for  water  consumption  heretofore 
incurred,  nor  interfere  with  the  proper  liens  therefor,  nor  of 
charges,  or  rates,  or  liens  hereafter  to  be  incurred  for  water 
consumption  in  any  dwelling-house,  building,  or  place  which 
may  not  contain  one  of  the  meters  aforesaid.  The  moneys 
collected  for  expenses  of  meters,  their  connections  and  set- 
tings, shall  be  applied  by  the  commissioner  of  water  supply 
to  the  payment  of  expenses  incurred  in  procuring,  connect- 
ing and  setting  said  meters. 


CHARTER  OP  NEW  YORK  CITY, 


213 


Additional  charge  for  non=paynient  of  rent* 

§  476.  The  annual  rents  which  are  not  paid  to  the  depart- 
ment of  water  supply  before  the  first  day  of  August  in  each 
year  shall  be  subject  to  an  additional  charge  of  five  per 
centum,  and  those  rates  not  paid  before  the  first  day  of  No- 
vember in  each  year  shall  be  subject  to  a  further  additional 
charge  of  ten  per  centum. 

No  valve,  etc.,  to  be  used  with  royalty, 

§  477.  No  patent  hydrant,  valve  or  stopcock  shall  be  used 
by  the  department  of  water  supply  unless  the  patentee  or 
owner  of  said  patent  shall  allow  the  use  of  the  patent  by  said 
department  without  royalty. 

Printed  notice  of  rules  and  regulations. 

§  478.  The  rules  and  restrictions  for  the  use  of  the  water 
printed  on  each  permit  shall  be  notice  to  the  water  takers, 
and  shall  authorize  the  exaction  and  recovery  by  process  of 
law  of  any  penalties  which  may  be  imposed  in  addition  to 
cutting  off  the  use  of  the  water  for  any  violations  of  the  rules, 
and  this  section  shall  be  printed  on  such  permits. 

Commissioner;  duty  in  regard  to  sources  of  water  supply  and  prop= 
erty  of  department. 

§  479.  The  commissioner  of  water  supply,  gas  and  electric- 
ity is  charged  with  the  preservation  of  all  lakes  and  all  waters 
from  which  a  water  supply  is  drawn  by  the  city,  with  the  pres- 
ervation of  the  banks  of  and  of  any  river  or  other  body  of 
water  from  which  the  water  supply  is  drawn,  from  injury  or 
nuisance,  and  with  the  execution  of  such  measures  as  may 
be  necessary  to  preserve  and  increase  the  quantity  of  water 
and  keep  it  pure  and  wholesome  and  free  from  contamina- 
tion and  pollution,  with  the  management,  preservation  and 
repairs  of  the  dams,  gates,  aqueducts,  bridges,  water  towers, 
reservoirs,  mains,  pipes,  pipeyard,  and  property  of  every  de- 
scription belonging  to  the  water-works,  and  shall  have  the 
construction  of  such  new  works  and  the  purchase  and  laying 
down  of  such  mains  and  pipes  as  may  be  authorized  in  ac- 
cordance with  law.  The  department  of  water  supply,  gas 
and  electricity  shall  be  responsible  for  the  supply  of  water 
and  the  good  order  and  security  of  all  the  water-works,  for 
the  exactness  and  durability  of  the  structures  which  may  be 


214 


LAWS  OF  NEW  YORK. 


erected,  and  for  the  daily  work  to  be  performed  and  for  the 
sufficiency  of  the  supply  in  the  pipeyards  to  meet  every  casu- 
alty, and  for  the  fidelity,  care  and  attention  of  all  persons  em- 
ployed by  the  department  in  watching  the  works,  and  in  mak- 
ing constructions  and  repairs. 

Assessment  on  lands  used  as  reservoirs. 

§  480.  The  lands  heretofore  taken  or  to  be  taken  for  stor- 
age, reservoirs,  or  for  other  constructions  necessary  for  the 
introduction  and  maintenance  of  a  sufficient  supply  of  water 
in  the  city,  or  for  the  purpose  of  preventing  contamination 
or  pollution,  shall  be  assessed  and  taxed  in  the  counties  in 
which  they  are  or  may  be  located,  in  the  manner  prescribed 
by  law,  exclusive  of  the  aqueducts.  But  nothing  in  this  sec- 
tion contained  shall  prevent  the  assessors  in  the  county  of 
Nassau  from  assessing  the  pumping  stations  and  buildings 
located  in  such  county. 

Certain  acts  misdemeanors. 

§  481.  It  shall  not  be  lawful  for  any  person  to  throw  or  de- 
posit, or  cause  to  be  thrown  or  deposited  in  any  lake,  pond 
or  stream,  or  in  any  aqueduct  from  or  through  which  any 
part  of  the  water  supply  of  The  City  of  New  York  shall  be 
drawn,  or  either  of  the  reservoirs,  any  dead  animal  or  other 
offensive  matter,  or  anything  whatever.  Any  person  offend- 
ing against  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  or  imprisonment,  or  both,  in  the  discre- 
tion of  the  court.  Such  fine  not  to  exceed  the  sum  of  one 
hundred  dollars,  and  such  imprisonment  not  to  exceed  a  pe- 
riod of  three  months.  Such  imprisonment  to  be  in  the  jail 
of  the  county  in  which  the  offense  shall  have  been  committed. 

Id.;  continued. 

§  482.  If  any  person  shall  wilfully  do  or  cause  to  be  done 
any  act  whereby  any  work,  materials,  or  property  whatever, 
erected  or  used  or  hereafter  to  be  erected  or  used 
within  the  city  or  elsewhere  by  the  said  city,  or  by 
any  person  acting  under  their  authority,  for  the  pur- 
pose of  procuring  or  keeping  a  supply  of  water,  shall  in  any 
manner  be  injured  or  shall  erect  or  place  any  nuisance  on  the 
banks  of  any  river,  lake  or  stream  from  which  the  water  sup- 


CHARTER  OF  NEW  YORK  CtlTY.  215 


ply  of  said  city  shall  be  drawn,  or  shall  throw  anything  into 
the  aqueduct,  or  into  any  reservoir  or  pipe,  such  person,  on 
conviction  thereof,  shall  be  deemed  guilty  of  a  misdemeanor. 

Duty  of  Commissioner. 

§  483.  The  commissioner  of  water  supply,  gas  and  electric- 
ity is  hereby  authorized,  empowered  and  directed  to  carry 
out  the  provisions  of  this  act,  in  the  manner  hereinafter  pro-  • 
vided,  for  the  purpose  of  maintaining,  preserving  and  in- 
creasing the  supply  of  pure  and  wholesome  water  for  the  use 
of  the  city,  and  for  the  purpose  of  preventing  or  removing 
contamination  or  pollution  of  any  supply  or  source  or 
sources  of  supply  of  water  heretofore  acquired  by  or  on  be- 
half of  said  city,  and  for  the  purpose  of  preventing  the  con- 
tamination or  pollution  of  any  river,  water  course,  lake, 
pond,  stream  or  reservoir  hereafter  acquired  for  the  purpose 
of  supplying  said  city  with  water. 

To  take  proceedings  to  acquire  title. 

§  484.  In  all  cases  where  the  commissioner  of  water  sup- 
ply, gas  and  electricity  shall  hereafter  enter  upon,  acquire, 
take  or  use,  or  shall  deem  it  necessary  to  enter  upon,  acquire, 
take  or  use,  any  "  real  estate,"  as  the  term  real  estate  is  de- 
fined by  this  act,  for  the  purpose  of  maintaining,  preserving 
or  increasing  the  supply  of  pure  and  wholesome  water  for 
the  use  of  said  city,  or  for  the  purpose  of  preventing  the  con- 
lamination  or  pollution  of  the  same,  as  hereinbefore  set  forth 
the  said  commissioner  is  authorized,  for  and  in  behalf,  and  in 
the  name  of  The  City  of  New  York,  in  the  manner  herein- 
after prescribed,  to  acquire  all  rights,  titles  and  interests  in 
and  to  such  real  estate,  by  whomsoever  the  same  may  be 
held,  enjoyed  or  claimed,  and  to  pay  for  and  extinguish  all 
claims  or  damages  on  account  of  such  rights,  titles  or  inter- 
ests, or  growing  out  of  such  taking  or  using. 

Definition  of  **  real  estate." 

§  485.  The  term  "  real  estate  "  as  used  In  this  chapter  shall 
be  construed  to  signify  and  embrace  all  uplands,  lands  under 
water,  the  water  of  any  lake,  pond  or  stream,  all  water  rights 
or  privileges,  and  any  and  all  easements  and  hereditaments, 
corporeal  or  incorporeal,  and  every  estate,  interest  and  right, 
legal  and  equitable,  in  lands  or  water,  or  any  privilege  or 
easement  thereunder,  including  terms  for  years,  and  lien^i 


216 


LAWS  OF  NEW  YORK. 


thereon  by  way  of  judgment,  mortgages  or  otherwise,  and 
also  all  clamis  for  damage  to  such  real  estate.  It  shall  also  be 
construed  to  include  all  real  estate  (as  the  term  is  above  defined) 
heretofore  or  hereafter  acquired  or  used  for  railroad,  highway 
or  other  public  purpose,  providing  the  persons  or  corporations 
owning  such  real  estate,  or  claiming  interests  therein,  shall  be 
allowed  the  perpetual  use,  for  such  purposes,  of  the  same  or  of 
.  such  other  real  estate  to  be  acquired  for  the  purposes  of  this 
act  as  will  afford  practicable  route  or  location  for  such  rail- 
road, highway  or  other  public  purpose,  and  in  the  case  of  a 
railroad  commensurate  with  and  adapted  to  its  needs;  and 
provided,  also,  that  such  persons,  or  corporations  shall  not 
directly  or  indirectly,  be  subject  to  expense,  loss  or  damage 
by  reason  of  changing  such  route  or  location,  but  that  such 
expense,  loss  or  damage  shall  be  borne  by  the  city.  In  case 
any  real  estate  so  acquired  or  used  for  public  purposes  is  sought 
to  be  taken  or  affected  for  the  purposes  of  this  act,  there  shall 
be  designated  upon  the  maps  referred  to  in  this  act,  and  there 
shall  be  described  in  the  petition  referred  to,  such  portion  of 
the  other  real  estate  shown  on  said  maps  and  described  in  said 
petition  as  it  is  proposed  to  substitute  in  place  of  the  real  estate 
then  used  for  such  railroad,  highway  or  other  public  purposes. 
The  supreme  court,  at  the  special  term  to  which  said  petition 
is  presented,  or  at  such  other  special  term  as  the  consideration 
thereof  may  be  noticed  or  adjourned  to,  shall  either  approve 
the  substitute  route  or  place  or  refer  the  same  back  to  the  said 
commissioner  for  alteration  or  amendment,  and  may  refer  the 
same  back,  with  such  directions  or  suggestions  as  the  said  court 
may  deem  advisable,  and  as  often  as  necessary,  and  until  the 
said  commissioner  shall  determine  such  substituted  route  or 
place  as  may  be  approved  by  the  court;  an  appeal  from  any 
order  made  by  said  court  at  special  term,  under  the  provisions 
of  this  section,  may  be  taken  by  any  person  or  corporation 
interested  in  and  aggrieved  thereby,  to  the  appellate  division 
of  the  judicial  department  in  which  the  real  estate  is  situated, 
and  shall  be  heard  as  a  non-enumerated  motion.  The  commis- 
sioners of  appraisal  herein  referred  to,  in  determining  the  com- 
pensation to  be  made  to  the  persons  or  corporations  owning 
such  real  estate,  or  claiming  interest  therein,  shall  include  in 
the  amount  of  such  compensation  such  sum  as  sliall  be  suffi- 
cient to  defray  the  expenses  of  making  such  change  of  route 
and  location  and  of  building  said  railroad  or  highway.  The 
said  commissioners  of  appraisal  shall  suggest  in  their  report, 
and  the  court,  in  the  order  confirming  stich  report,  shall  deter- 


CHARTER  OF  NEW  YORK  CITY. 


217 


mine,  subject  to  review  by  the  said  appellate  division,  what 
reasonable  time  after  payment  of  the  awards  to  said  persons 
or  corporations  shall  be  sufficient  within  which  to  complete 
the  work  of  making  such  change,  and  the  said  city  of  New 
York  or  the  commissioner  of  water  supply,  gas  and  electricity 
thereof  shall  not  be  entitled  to  take  possession  or  interfere 
with  the  use,  for  the  aforesaid  purposes,  of  such  real  estate, 
before  the  expiration  of  such  time.  This  time  may  be  subse- 
quently extended  by  the  court  (subject  to  review  as  aforesaid), 
upon  sufficient  cause  shown.  After  the  expiration  of  the  time 
so  determined  or  extended  no  use  shall  be  made  of  said  real 
estate  which  shall  cause  pollution  to  the  water  in  said  reservoir, 
or  the  construction  of  said  reservoir,  or  interfere  with  its  flow. 

Commissioner  to  prepare  maps. 

§  486.  Whenever  in  the  opinion  of  said  commissioner  it  is 
necessary  to  acquire  any  such  real  estate  (as  the  term  "  real 
estate"  is  herein  defined),  for  any  of  the  purposes  herein- 
before set  forth,  or  for  the  purpose  of  extinguishing  any  right, 
title  or  interest  thereto  or  therein,  the  said  commissioner,  for 
and  on  behalf  of  The  City  of  New  York,  shall  prepare  a  map 
or  maps  of  the  real  estate  which  in  his  opinion  it  is  necessary 
to  acquire  for  the  purposes  hereinbefore  set  forth, 
and  shall  submit  the  same  to  the  board  of  esti- 
mate and  apportionment,  for  approval.  The  said  board  may 
adopt,  modify  or  reject  such  maps  in  whole  or  in  part,  and 
may  require  others  to  be  made  instead  thereof.  A  copy  of  the 
map  or  maps  so  prepared,  with  a  certificate  of  the  adoption 
thereof,  signed  by  the  commissioner  and  the  mayor,  shall  be 
filed  in  the  office  of  said  commissioner  and  be  open  to  pubHc 
inspection,  and  shall  be  the  map  or  maps  of  the  real  estate 
to  be  acquired,  subject  to  such  changes  or  modifications  as 
the  said  commissioner  may  from  time  to  time  deem  necessary 
for  the  more  efficient  carrying  out  of  the  provisions  of  this 
act.  And  the  said  board  of  estimate  and  apportionment, 
prior  to  the  final  adoption  of  such  map  or  maps,  sha;] 
afford  to  all  persons  interested  a  full  opportunity  to  be  heard 
respecting  such  map  or  maps  and  the  acquisition  of  the  real 
estate  shown  thereon,  and  shall  give  public  notice  of  such  hear- 
ing, by  publishing  a  notice,  once  in  each  week,  for  three  suc- 
cessive weeks  in  the  City  Record,  and  the  corporation  news- 
papers, and  in  two  papers  published  in  the  county  or  counties 
in  which  the  real  estate  to  be  acquired  or  afifected  is  situated, 


218 


LAWS  OF  NEW  YOKK. 


and  in  two  daily  papers  in  The  City  of  New  York.  At  such 
hearing  or  hearings  testimony  may  be  produced  by  the  parties 
appearing  before  it  in  such  manner  as  said  board  may  deter- 
mine, and  the  mayor  is  hereby  authorized  to  administer  oaths 
and  issue  subpoenas  in  any  such  proceeding  pending  before 
it. 

Power  to  enter  upon  lands  for  the  purpose  of  making  maps. 

§  487.  The  said  commissioner,  his  agents,  engineers,  sur- 
veyors, and  such  other  persons  as  may  be  necessary  to  enable 
him  to  perform  his  duties  under  this  act,  are  hereby  authorized 
to  enter  upon  real  estate,  as  the  term  real  estate  is  defined  in 
this  act,  and  any  land  or  water  on  or  contiguous  to  the  line, 
course,  site  or  track  of  any  pond,  lake,  stream,  reservoir,  dam, 
aqueduct,  culverts,  sluices,  canals,  bridges,  tunnels,  pumping 
works,  blow-offs,  shafts  and  other  appurtenances,  for  the  pur- 
pose of  making  surveys  or  examinations  and  preparing  and 
posting  the  notices  required  by  this  act. 

Details  of  maps. 

§  488.  After  the  final  adoption  of  said  map  or  maps  the 
said  commissioner  shall  prepare  six  similar  maps  or  plans  of 
the  proposed  site  of  any  dam,  reservoir,  aqueduct,  sluice,  cul- 
vert, canal,  pumping  works,  bridges,  tunnels,  blow-offs,  ven- 
tilating shafts,  and  other  necessary  appurtenances  for  the 
proper  completion  of  the  work  so  proposed  by  him.  Upon 
these  maps  there  shall  be  laid  out  and  numbered  the  various 
parcels  of  real  estate,  on,  over  or  through  which  the  same  are 
to  be  constructed  and  maintained,  or  which  may  be  necessary 
for  the  prosecution  of  the  work  authorized  by  this  act.  On 
said  maps  the  natural  and  artificial  division  lines  existing  on 
the  surface  of  the  soil  at  the  time  of  the  survey  shall  be  delin- 
eated, and  there  shall  be  plainly  indicated  thereon,  of  which 
parcels  the  fee  or  other  interest  is  to  be  acquired.  The  said 
maps  may  be  made  and  filed  in  sections.  One  or  more  sections 
may  be  determined  before  the  maps  of  the  whole  construction 
are  completed.  The  proceedings  hereinafter  authorized  may, 
in  like  manner  be  taken  separately,  in  reference  to  one  or  more 
of  such  sections,  before  the  maps  of  the  whole  are  filed.  The 
work  upon  one  or  more  of  such  sections  may  be  begun  before 
the  maps  of  the  remaining  sections  are  filed.  The  map  or 
maps  when  adopted  by  the  said  commissioner  and  board  of 
estimate  and  apportionment  shall  be  by  said  commissioner 


CHARTER  OF  NEW  YORK  CITY,  219 


transmitted  to  the  corporation  counsel,  with  a  certificate  of 
approval  written  thereon  and  signed  by  the  said  commis- 
sioner and  the  mayor. 

Maps  to  be  filed. 

§  489.  The  corporation  counsel  shall  cause  one  of  said  maps 
to  be  filed  in  the  office  of  the  clerk  of  each  county  in  which 
any  real  estate  laid  out  on  said  maps  shall  be  located,  except 
that  in  any  county  in  which  there  may  be  a  register's  ofifice,  the 
said  map  shall  be  filed  therein,  instead  of  with  the  county  clerk. 
The  fourth,  fifth  and  sixth  maps  shall  be  disposed  of  in  the 
manner  indicated  in  section  four  hundred  and  ninety-five  of 
this  act. 

Corporation  counsel  to  conduct  proceedings. 

§  490.  After  the  said  maps  shall  have  been  filed,  as  provided 
for  in  the  last  section,  the  corporation  counsel  for  and  on 
behalf  of  The  City  of  New  York,  shall,  upon  first  giving  the 
notice  required  in  the  next  section  of  this  title,  apply  to  the 
supreme  court,  at  a  special  term  thereof  to  be  held  in  the  judi- 
cial district  in  which  the  real  estate  to  be  acquired  or  affected 
is  situated,  for  the  appointment  of  commissioners  of  appraisal. 
Upon  such  application  he  shall  present  to  the  court  a  petition, 
signed  and  verified  by  the  said  commissioner,  according  to  the 
practice  of  said  court,  setting  forth  the  action  theretofore  taken 
by  said  commissioner  and  board  of  estimate  and  ap- 
portionment and  the  fiHng  of  said  map  and  pray- 
ing for  the  appointment  of  such  commissioners.  Such 
petition  shall  contain  a  general  description  of  all  the  real  estate 
to,  in  or  over  which  any  title,  interest,  right  or  easement  is 
sought  to  be  acquired  for  the  said  city  for  the  purposes  of  this 
act,  each  parcel  being  more  particularly  described  by  a  refer- 
ence to  the  number  of  said  parcel,  as  given  on  said  map ;  and 
the  title,  interest  or  easement  sought  to  be  acquired  to,  in,  or 
over  such  parcel,  whether  a  fee  or  otherwise,  shall  be  stated  in 
the  petition. 

Notice  to  be  given. 

§  491.  Tlie  corporation  counsel  shall  give  notice  in  the  City 
Record,  and  corporation  newspapers,  and  in  two  public  news- 
papers published  in  The  City  of  New  York,  and  in  two  public 
newspapers  published  in  each  county  in  which  any  real  estate 


220 


LAWS  OF  NEW  YORK. 


laid  out  on  said  maps  may  be  located,  of  his  intention  to  make 
application  to  the  said  court  for  the  appointment  of  such  com- 
missioners of  appraisal,  which  notice  shall  specify  the  time  and 
place  of  such  application,  shall  briefly  state  the  object  of  the 
application,  and  shall  describe  the  real  estate  sought  to  be  taken 
or  affected.  A  statement  of  the  boundaries  of  the  real  estate 
to  be  acquired  or  affected,  with  separate  enumerations  of  the 
numbers  of  the  parcels  to  be  taken,  in  fee,  and  of  the  numbers 
of  the  parcels  in  which  any  interest  or  easement  is  to  be 
acquired,  with  a  reference  to  the  date  and  place  of  filing  the 
said  map  shall  be  sufficient  description  of  the  real  estate  sought 
to  be  so  taken  or  affected.  Such  notice  shall  be  so  published, 
once  in  each  week,  in  each  of  the  said  newspapers,  for  six 
weeks  immediately  previous  to  the  presentation  of  such  peti- 
tion; and  the  corporation  counsel  shall,  in  addition  to  the  said 
advertisements,  cause  copies  of  the  same,  in  hand-bills,  to  be 
posted  in  at  least  twenty  conspicuous  places  in  the  vicinity  of 
the  real  estate  so  to  be  taken  or  affected,  at  least  six  weeks 
prior  to  said  application. 

Motions  for  appointment  of  commissioners  of  appraisal. 

§  492.  At  the  time  and  place  mentioned  in  said  notice,  unless 
the  said  court  shall  adjourn  said  application  to  a  subsequent 
day,  and  in  that  event,  at  the  time  to  which  the  same  may  be 
adjourned,  the  court,  upon  due  proof  to  its  satisfaction  of  the 
publication  and  posting  aforesaid,  and  upon  filing  the  said  peti- 
tion, shall  make  an  order  for  the  appointment  of  three  disinter- 
ested and  competent  freeholders,  one  of  whom  shall  reside  in 
the  county  of  New  York,  one  of  whom  shall  reside  in  the 
county  in  which  the  real  estate  acquired  or  affected  is  situated, 
and  one  of  whom  shall  reside  in  the  county  in  which  the  said 
real  estate  shall  be  situated,  or  in  an  adjoining  county,  as  com- 
missioners of  appraisal  to  ascertain  and  appraise  the  compensa- 
tion to  be  made  to  the  owners  and  all  persons  interested  in  the 
real  estate  laid  down  on  said  maps,  as  proposed  to  be  taken  or 
affected  for  the  purposes  indicated  in  this  act.  Such  order 
shall  fix  the  time  and  place  for  the  first  meeting  of  the  commis- 
sioners. 

Commissioners  to  take  and  file  oath. 

§  493.  The  said  commissioners  shall  take  and  subscribe  the 
oath  required  by  the  twelfth  article  of  the  constitution,  an^l 
shall  forthwith  file  the  same  in  the  office  of  the  clerk  of  the 


CHARTER  OF  NEW  YORK  CITY. 


221 


county  in  which  the  real  estate  to  be  acquired  or  affected  is 
situated,  and  shall  file  certified  copies  of  said  oath  in  the  office 
of  the  register  and  county  clerk  of  the  county  of  New  York. 

City  to  become  seized  of  real  estate. 

§  494.  On  filing  the  oath  of  the  commissioners  of  ap- 
praisal, in  the  manner  provided  by  the  last  section,  the  said 
city  of  New  York  shall  be  and  become  seized  in  fee  of  all 
those  parcels  of  real  estate  which  are  shown  on  the  said  map 
hereinbefore  referred  to,  of  which  it  has  been  determined  by 
the  said  commissioner,  that  the  fee  shall  be  acquired,  and 
shall  be  entitled  to  take  and  hold  such  interest  in  the  parcels 
of  land  in  which  it  has  been  determined  that  the  fee  shall  not 
be  acquired,  as  has  been  shown  on  said  map  and  described  in 
said  petition,  and  may  im.mediately,  upon  the  filing  of  such 
oaths  and  such  certified  copies,  or  at  any  time  or  times  there- 
after, take  possession  of  the  lands  shown  on  said  map,  or  any 
part  or  parts  thereof,  without  any  suit  or  proceeding  at  law 
for  that  purpose. 

Proceedings  of  commissioners. 

§  495.  Any  one  of  said  commissioners  of  appraisal  may 
issue  subpoenas  and  administer  oaths  to  witnesses;  and  they, 
or  any  one  of  them,  in  the  absence  of  the  others,  may  adjourn 
the  proceedings  from  time  to  time,  in  their  discretion,  but 
they  shall  continue  to  meet,  from  time  to  time,  as 
may  be  necessary  to  hear,  consider  and  determine  upon 
all  claims  which  may  be  presented  to  them  under  this  act. 
In  case  of  death,  resignation,  refusal,  neglect  or  inability  to 
serve,  of  any  commissioner  or  commissioners  of  appraisal, 
the  corporation  counsel  shall,  upon  due  notice  to  be  given 
by  advertisement  in  the  newspapers  designated  in  this  act  ten 
days  prior  to  such  application,  apply  to  the  supreme  court, 
at  a  special  term  thereof,  to  be  held  in  the  judicial  district  in 
which  the  real  estate  is  situated,  for  the  appointment  of  one 
or  more  commissioners  to  fill  the  vacancy  or  vacancies  so 
occasioned.  Whenever  the  commissioners  meet,  except  bv 
appointment  of  the  court,  or  pursuant  to  adjournment,  they 
shall  cause  reasonable  notice  to  be  given  to  the  attorneys 
for  such  parties  who  have  appeared.  It  shall  be  the  duty  of 
the  commissioners  of  appraisal  to  procure  from  the  corpora- 
tion counsel  the  fourth,  fifth  and  sixth  copies  of  the  maps 
provided  for  in  this  act.    They  shall  view  the  real  estate  laid 


222 


LAWS  OF  NEW  YORK. 


down  on  said  maps,  and  shall  hear  the  proofs  and  allegations 
of  any  owner,  lessee  or  other  person  in  any  way  entitled  to, 
or  interested  in  said  estate,  or  any  part  or  parcel  thereof,  and 
also  such  proofs  and  allegations  as  may  be  offered  on  behalf 
of  The  City  of  New  York.  They,  or  a  majority  of  them, 
shall  also  determine  the  height  to  which  the  waters  of  any 
lake,  pond  or  natural  stream  concerning  which  such  pro- 
ceedings were  instituted  may  be  raised  and  the  point  to  which 
such  waters  may  be  drawn  down  by  The  City  of  New  York, 
such  determination  to  be  made  before  any  award  of  damages 
shall  be  made  on  account  of  such  proposed  raising  or  de- 
pressing of  such  waters,  and  they  shall  also  determine  what 
sum  shall  be  paid  to  the  general  or  special  guardian  or  com- 
mittee of  an  infant,  idiot,  or  person  of  unsound  mind,  and  to 
the  attorney  appointed  by  the  court  to  attend  to  the 
interests  of  any  unknown  owner  or  party  in  interest, 
or  to  the  attorney  or  guardian  of  any  party  in  interest 
whose  interests  are  unknown  or  the  interest  of  any  person 
or  persons  not  in  being.  They  shall  reduce  the  testimony, 
if  any,  taken  before  them,  to  writing,  and  after  the  testimony 
is  closed,  they,  or  a  majority  of  them,  all  having  considered 
the  same,  and  having  an  opportunity  to  be  present,  shall, 
without  unnecessary  delay,  ascertain  and  determine  the  just 
compensation  which  ought  justly  to  be  made  by  The  City  of 
New  York  to  the  owners,  or  the  persons  interested  in  the  real 
estate  sought  to  be  acquired  or  affected  by  said  proceedings. 
The  said  commissioners  of  appraisal  shall  make  reports  of 
their  proceedings  to  the  supreme  court,  as  in  the  next  section 
provided,  with  the  minutes  of  the  testimony  taken  by  them, 
if  any,  and  they  shall  be  entitled  to  the  payments  hereinafter 
provided  for  their  services  and  expenses,  to  be  paid  from  the 
fund  herein  provided. 

Commissioners  to  prepare  report* 

§  496.  The  said  commissioners  shall  prepare  a  report,  and 
a  true  copy  or  copies  thereof,  as  may  be  required,  to  which 
shall  be  respectively  annexed  the  fourth  and  fifth  copies,  and, 
if  required,  the  sixth  copy  of  the  maps  referred  to  in  this  act. 
The  said  report  shall  contain  a  brief  description  of  the  several 
parcels  of  real  estate  so  taken  or  affected,  with  a  reference  to 
the  map  as  showing  the  location  and  boundaries  of  each  par- 
cel ;  a  statement  of  the  sum  estimated  and  determined  upon 
by  them  as  a  just  compensation  to  be  made  by  the  city  to  the 
owners  of  or  persons  entitled  to  or  interested  in  each  parcel 


CHARTER  OF  NEW  YORK  CITY. 


223 


so  taken  or  affected,  and  a  statement  of  the  respective  owners 
of  or  persons  entitled  thereto  or  interested  therein;  but  in  all 
and  each  and  every  case  and  cases,  where  the  owners  and  par- 
ties interested,  or  their  respective  estates  or  interests  are  un- 
known, or  not  fully  known,  to  the  commissioners  of  ap- 
praisal, it  shall  be  sufficient  for  them  to  set  forth  and  state, 
in  general  terms,  the  respective  sums  to  be  allowed  and  paid 
to  the  owners  of  and  parties  interested  therein  generally, 
without  specifying  the  names  or  estates  or  interests  of  such 
owners  or  parties  interested,  or  any  or  either  of  them.  They 
shall  also  recommend  such  sums  as  shall  seem  to  them 
proper  to  be  allowed  to  the  parties  or  attorneys  appearing 
before  them,  as  costs,  counsel  fees,  expenses  and  disburse- 
ments, including  reasonable  compensation  for  witnesses. 

Report  to  be  filed. 

§  497.  Said  report  signed  by  the  commissioners,  or  a  ma- 
jority of  them,  shall  be  filed  in  the  office  of  the  clerk  of  the 
county  in  which  the  real  estate  is  situated.  The  commission- 
ers of  appraisal  shall  notify  the  corporation  counsel  as  soon 
as  the  said  report  is  filed. 

Notice  of  motion  to  confirm  report, 

§  498.  The  corporation  counsel,  or  in  case  of  his  neglect  to 
do  so  within  ten  days  after  receiving  notice  of  such  filing,  then 
any  person  interested  in  the  proceedings,  shall  give  notice  that 
the  said  report  will  be  presented  for  confirmation  to  the  su- 
preme court,  at  a  special  term  thereof,  to  be  held  in  the  judicial 
district  in  which  the  real  estate  is  situated,  at  a  time  and  place 
to  be  specified  in  said  notice.  The  said  notice  shall  contain  a 
statement  of  the  time  and  place  of  the  filing  of  the  report,  and 
shall  be  published  in  each  of  the  newspapers  referred  to  in 
section  four  hundred  and  ninety-one  of  this  act,  once  in  each 
week,  for  at  least  four  weeks  immediately  prior  to  the  presen- 
tation of  said  report  for  confirmation. 

Confirmation  of  report. 

§  499.  The  application  for  the  confirmation  of  the  report 
shall  be  made  to  the  supreme  court,  at  a  special  term  thereof, 
held  in  the  judicial  district  in  which  the  real  estate  is  situated. 
Upon  the  hearing  of  the  application  for  the  confirmation  there- 
of, the  said  court  shall  confirm  such  report,  and  make  an  order, 
containing  a  recital  of  the  substance  of  the  proceedings  in  the 


224 


LAWS  OF  NEW  YORK. 


matter  of  the  appraisal,  with  a  general  description  of  the  real 
estate  appraised,  and  for  which  compensation  is  to  be  made; 
and  shall  also  direct  to  whom  the  money  is  to  be  paid,  or  in 
what  trust  company  it  shall  be  deposited  by  the  comptroller  of 
The  City  of  New  York.  Such  report,  when  so  confirmed, 
shall  (except  in  the  case  of  an  appeal,  as  provided  in  section 
five  hundred  and  five  of  this  act)  be  final  and  conclusive  as 
well  upon  the  said  city  of  New  York  as  upon  the  owners  and 
all  persons  interested  in  or  entitled  to  said  real  estate ;  and  also 
upon  all  other  persons  whomsoever. 

Payment  of  awards. 

§  500.  The  said  city  of  New  York  shall,  within  four  calen- 
dar months  after  the  making  and  entry  of  the  order  confirming 
the  report  of  the  commissioners  of  appraisal,  pay  to  the  respect- 
ive owners  and  bodies,  politic  or  corporate,  mentioned  or  re- 
ferred to  in  said  report,  in  whose  favor  any  sum  or  sums  of 
money  shall  be  estimated  and  reported  by  said  commissioners, 
the  respective  sum  or  sums  so  estimated  and  reported  in  their 
favor  respectively,  with  lawful  interest  thereon,  from  the  dale 
of  filing  the  oath  of  said  commissioners  and  certified  copies 
thereof,  as  by  this  act  required.  And  in  case  of  neglect  or 
default  in  the  payment  of  the  same  within  the  time  aforesaid, 
the  respective  person  or  persons,  or  bodies,  politic  or  corporate, 
in  whose  favor  the  same  shall  be  so  reported,  his,  her  or  their 
executors,  administrators,  legal  representatives  or  successors, 
at  any  time  or  times,  after  application  first  made  by  him,  her 
or  them,  to  the  comptroller  of  The  City  of  New  York  for 
payment  thereof,  may  sue  for  and  recover  the  same,  with  law- 
ful interest,  as  aforesaid,  and  the  costs  of  suit  in  any  proper 
form  of  action  against  the  said  city  of  New  York  in  any  court 
having  cognizance  thereof,  and  in  which  it  shall  be  sufficient 
to  declare  generally  for  so  much  money  due  to  the  plaintiff  or 
plaintiffs  therein  by  virtue  of  this  act,  for  real  estate  taken  or 
affected  for  the  purposes  herein  mentioned,  and  the  report  and 
order  confirming  report  of  said  commissioners,  with  proof  of 
the  right  and  title  of  the  plaintiff  or  plaintiffs  to  the  sum  or 
sums  demanded  shall  be  conclusive  evidence  In  such  suit  or 
action,  and  entitle  plaintiff  to  judgment  therein. 

Sum  awarded  to  be  deposited  in  certain  cases. 

§  501.  Whenever  the  owner  or  owners,  person  or  persons 
interested  in  any  real  estate  taken  or  affected  in  such  proceed- 
ings, or  in  whose  favor  any  such  sum  or  sums  or  compensation 


CHARTER  OF  NEW  YORK  CITY. 


225 


shall  be  so  reported,  shall  be  under  the  age  of  twenty-one  years, 
of  unsound  mind,  or  absent  from  the  state  of  New  York,  and 
also  in  all  cases  where  the  name  or  names  of  the  owner  or 
owners,  person  or  persons  interested  in  any  such  real  estate 
shall  not  be  set  forth  or  mentioned  in  the  said  report,  or  where 
the  said  owner  or  owners,  person  or  persons,  being  named 
therein  cannot,  upon  diligent  inquiry,  be  found  or  where  there 
are  adverse  or  conflicting  claims  to  the  money  awarded  as 
compensation,  it  shall  be  lawful  for  the  said  city  of  New  York 
to  pay  the  sum  or  sums  mentioned  in  the  said  report,  payable, 
or  that  would  be  coming  to  such  owner  or  owners,  person  or 
persons,  respectively,  with  interest  aforesaid,  into  such  trust 
company  as  the  court  may,  in  the  order  of  confirmation,  direct 
to  the  credit  of  such  owner  or  owners,  person  or  persons,  and 
such  payment  shall  be  as  valid  and  effectual,  in  all  respects,  ab 
if  made  to  the  said  owner  or  owners,  person  or  persons  inter- 
ested therein  respectively  themselves,  according  to  their  just 
rights ;  and  provided,  also,  that  in  all  and  each  and  every  such 
case  and  cases  where  any  such  sum  or  sums,  or  compensation, 
reported  by  the  commissioners  in  favor  of  any  person  or  per- 
sons, or  party  or  parties,  whatsoever,  whether  named  or  not 
named  in  the  said  report,  shall  be  paid  to  any  person  or  persons, 
or  party  or  parties,  whomsoever,  when  the  same  shall  of  right 
belong  and  ought  to  have  been  paid  to  some  other  person  or 
persons,  or  party  or  parties,  it  shall  be  lawful  for  the  person  or 
persons,  or  party  or  parties  to  whom  the  same  ought  to  have 
been  paid,  to  sue  for  and  recover  the  same,  with  lawful  interest 
and  costs  of  suits,  as  so  much  money  had  and  received  to  his, 
her  or  their  use,  by  the  person  or  persons,  party  or  parties  re- 
spectively to  whom  the  same  shall  have  been  so  paid. 

Who  may  present  claim  before  commissioner* 

§  502.  Every  owner  or  person  in  any  way  interested  in  any 
real  estate  taken,  affected  or  entered  upon  and  used  and  occu- 
pied for  the  purposes  contemplated  by  this  act,  and  any  owner 
or  person  interested  in  real  estate  contiguous  thereto,  and 
which  is  affected  by  the  acquisition,  use  or  occupation  of  the 
real  estate  shown  on  said  map,  whether  such  contiguous  real 
estate  is  shown  on  the  maps  or  not,  if  he  or  they  intend  to  make 
claim  for  compensation  for  such  taking,  entering  upon,  using 
or  occupying,  shall,  within  one  year  after  the  appointment  of 
the  commissioners  of  appraisal,  exhibit  to  the  said  commis- 
sioners a  statement  of  claim,  and  shall  thereupon  be  entitled  to 


226 


LAWS  OF  NEW  YORK. 


offer  testimony  and  to  be  heard  before  them  touching  such 
claim,  and  the  compensation  proper  to  be  made,  and  to  have  a 
determination  made  by  such  commissioners  of  appraisal  as  to 
the  amount  of  such  compensation.  Every  person,  corporation, 
or  body  politic,  neglecting  or  refusing  to  present  such  claim 
within  said  time  shall  be  deemed  to  have  surrendered  his,  her 
or  its  title  or  interest  in  such  real  estate  or  his,  her  or  its  claim 
for  damages  thereto,  except  so  far  as  they  may  be  entitled,  as 
such  owner  or  person  interested,  to  the  whole  or  a  part  of  the 
sum  of  money  awarded  by  the  commissioners  of  appraisal  as 
a  just  compensation  for  taking,  using  and  occupying,  or  as 
damages  for  affecting  the  real  estate  owned  by  said  person, 
corporation,  or  body  politic. 

City  protected  by  payment. 

§  503.  Payment  of  the  compensation  awarded  by  said  com- 
missioners of  appraisal  to  the  person  or  persons,  corporation, 
or  body  politic  named  in  their  report  (if  not  infants  or  per- 
sons of  unsound  mind)  shall,  in  the  absence  of  notice  to  The 
City  of  New  York  of  other  claimants  to  such  award,  protect 
the  said  city  of  New  York. 

Separate  reports  may  be  made. 

§  504.  Said  commissioners  of  appraisal  may,  in  their  dis- 
cretion, take  up  any  specified  claim  or  claims,  and  finally 
ascertain  and  determine  the  compensation  to  be  made  there- 
on, and  make  a  separate  report  with  reference  thereto,  an- 
nexing to  said  report  a  copy  of  so  much  of  the  maps  as  dis- 
plays the  parcel  or  parcels  so  reported  on.  Such  report 
shall,  as  to  the  claims  therein  specified,  be  the  report  re- 
quired in  this  act,  and  the  subsequent  action  with  reference 
thereto  shall  be  had  in  the  same  manner  as  though  no  other 
claim  was  embraced  in  said  proceeding,  which,  however,  shall 
continue  as  to  all  claims  upon  which  no  such  determination 
and  report  is  made. 

Proceedings  in  case  of  an  appeal. 

§  505-  Within  twenty  days  after  the  making,  entry  and 
service  of  the  order  confirming  the  report  of  the  commis- 
sioners of  appraisal,  as  provided  for  in  this  act,  of  which  no- 
tice may,  as  to  the  parties  who  have  not  appeared  before  the 
commissioners,  be  given  in  the  manner  provided  in  this  act, 


CHARTER  OF  NEW  YORK  OITY. 


227 


either  party  may  appeal  by  notice,  in  writing,  to  the  appellate 
division  of  the  supreme  court  of  the  judicial  department  in 
which  the  real  estate  described  in  said  petition  and  shown  on 
said  map  is  situated.  Such  appeal  shall  be  heard,  on  due  no- 
tice thereof  being  given,  according  to  the  rules  and  practice 
of  the  said  court,  and  pending  such  appeal  the  comptroller 
of  The  City  of  New  York  shall  deposit  in  such  trust  com- 
pany as  the  court  shall  direct,  the  amount  of  the  award,  with 
interest  to  the  date  of  such  deposit,  and  the  funds  so  depos- 
ited shall  remain  with  the  trust  company,  subject  to  the  fur- 
ther order  of  the  court.  On  the  hearing  of  such  appeal  the 
court  may  direct  a  new  appraisal  and  determination  by  the 
same  or  new  commissioners,  in  its  discretion,  and  either 
party,  if  aggrieved,  may  take  a  further  appeal,  which  shall  be 
heard  and  determined  by  the  court  of  appeals.  In  the  case 
of  a  new  appraisal  the  second  report  shall  be  final  and  con- 
clusive on  all  parties  and  persons  interested.  If  the  amount 
of  compensation  to  be  made  by  the  said  city  is  increased  by 
the  second  report,  the  difference  shall  be  paid  by  the  comp- 
troller of  The  City  of  New  York  to  the  parties  entitled  to 
the  same,  or  shall  be  deposited,  as  the  court  may  direct;  and 
if  the  amount  is  diminished,  the  difference  shall  be  refunded 
to  the  said  city  of  New  York  by  the  trust  company.  But  the 
taking  of  an  appeal  by  any  person  or  persons  shall  not 
operate  to  stay  the  proceedings  under  this  act,  providing 
such  award  and  interest  have  been  deposited.  Such  appeal 
shall  be  heard  upon  the  evidence  taken  and  proceedings  had 
before  such  commissioners. 

How  defects  may  be  remedied. . 

§  506.  The  supreme  court  of  the  judicial  district  in  which 
the  real  estate  is  situated  shall  have  power  at  any  time  to 
amend  any  defect  or  informality  in  any  of  the  special  pro- 
ceedings authorized  by  this  act  as  may  be  necessary,  or  to 
cause  other  property  to  be  included  therein,  and  to  direct 
such  further  notices  to  be  given  to  any  party  in  interest,  as  it 
deems  proper,  and  also  to  appoint  other  commissioners  in 
place  of  any  who  shall  die  or  refuse  or  neglect  to  serve,  or 
be  incapable  of  serving,  or  be  removed.  And  the  said  court 
may,  at  any  time,  remove  any  of  said  commissioners  of  ap- 
praisal who,  in  their  judgment,  shall  be  incapable  of  serving, 
or  who  shall,  for  any  reason  in  their  judgment  be  an  unfit 
person  to  serve  as  such  commissioner.    The  cause  of  such 


228 


LAWS  OP  NEW  YORK. 


removal  shall  be  specified  in  the  order  making  the  same.  If, 
in  any  particular,  it  shall,  at  any  time,  be  found  necessary  to 
amend  any  pleading,  or  proceeding,  or  to  supply  any  defect 
therein,  arising  in  the  course  of  any  special  proceeding 
authorized  by  this  act,  the  same  may  be  amended  or  supplied 
in  such  manner  as  shall  be  directed  by  the  supreme  court, 
which  is  hereby  authorized  to  make  such  amendment  or  cor- 
rection. 

Agreements  with  owners  of  real  estate* 

§  507.  rhe  said  commissioner  of  water  supply,  gas  and 
electricity,  subject  to  the  approval  of  the  board  of 
estimate  and  apportionment,  may  agree  with  the  own- 
ers or  persons  interested  in  any  real  estate  laid  down 
on  said  maps  as  to  the  amount  of  compensation  to  be  paid  to 
such  owners  or  persons  interested  for  the  taking  or  using 
and  occupying  such  real  estate.  And  in  case  any  such  real 
estate  shall  be  owned,  occupied  or  enjoyed  by  the  people  of 
this  state,  or  by  any  county,  town  or  school  district  within 
this  state,  such  rights,  titles,  interests  or  properties  may  be 
paid  for  upon  agreement  respectively  with  the  commissioners 
of  the  land  of^ice,  who  shall  act  for  the  people  of  the  state, 
with  a  chairman  and  a  majority  in  numbers  of  the  board  of 
supervisors  of  any  county,  who  shall  act  for  such  county, 
and  with  the  supervisor  and  commissioners  of  highways  in 
any  town,  who  shall  act  for  such  town,  and  with  the  trustees 
of  any  school  district,  who  shall  act  for  such  district,  and  with 
the  president  and  a  majority  of  the  board  of  trustees  of  any 
incorporated  village.  The  commissioners  of  the  land  of- 
fice shall  have  power  to  grant  to  the  said  city  any  real  estate 
belonging  to  the  people  of  this  state  w^hich  may  be  required 
for  the  purposes  indicated  in  this  act,  on  such  terms  as  may 
be  agreed  on  between  them  and  the  said  commissioners ;  and 
if  any  real  estate  of  any  county,  town,  or  school  district  is  re- 
quired by  said  city  for  the  purposes  of  this  act,  the  majority 
of  the  board  of  supervisors,  acting  for  such  county,  or  the 
supervisors  of  any  such  town,  with  the  commissioners  of 
highwa3^s  therein,  acting  for  such  town,  or  the  trustees  of  any 
school  district,  acting  for  such  district,  or  the  president  and 
majority  of  trustees  of  any  incorporated  village,  may  grant  or 
surrender  such  real  estate  for  such  compensation  as  may  be 
agreed  upon  between  such  officers  respectively  and  the  said 
commissioners. 


CHARTER  OF  NEW  YORK  CITY.  229 


Compensation  and  expenses  of  commissioners. 

§  508.  The  commissioners  of  appraisal,  appointed  in  pur- 
suance of  this  act,  shall  receive  as  compensation  for  their  ser- 
vices the  sum  of  ten  dollars  per  day  for  each  day  upon  which 
the  said  commissioners  shall  be  actually  and  necessarily 
employed  in  the  performance  of  the  duties  imposed 
upon  them  by  this  act.  They  may  employ  the  necessary 
clerks  and  stenographers.  The  corporation  counsel  shall, 
either  in  person  or  by  such  counsel  as  he  shall  designate  for 
the  purpose,  appear  for  and  protect  the  interests  of  the  city 
in  all  such  proceedings  in  court  and  before  the  commission- 
ers. The  fees  of  the  commissioners,  and  the  salaries  and 
compensation  of  their  employes,  and  their  necessary  travel- 
ing expenses,  and  all  other  necessary  expenses  in  and  about 
the  special  proceedings  provided  by  this  act,  to  be  had  for 
acquiring  title  or  extinguishing  claims  for  damages  to  real 
estate,  and  such  allowance  for  counsel  fees,  expenses  and 
witness  fees  as  may  be  recommended  by  the  commissioners 
and  ordered  paid  by  order  of  the  court,  shall  be  paid  by  the 
comptroller  of  The  City  of  New  York,  out  of  the  funds  here- 
inafter provided,  when  they  have  been  taxed  before  a  justice 
of  the  supreme  court  in  the  judicial  district  in  which  the  real 
estate  is  situated,  upon  five  days'  notice  to  the  corporation 
counsel. 

Issue  of  bonds. 

§  509.  The  comptroller  of  The  City  of  New  York  is  hereby 
authorized  and  directed  to  raise,  from  time  to  time,  on  bonds 
of  said  city,  in  addition  to  the  amounts  which  he  is  now 
authorized  to  raise  for  such  purposes,  such  sums  of  money  as 
shall  be  sufficient  to  pay  tor  any  real  estate,  or  for  the  extin- 
guishment of  any  right,  title,  or  interest  therein  acquired,  and 
all  damages  appraised  to  persons  interested  therein,  together 
with  all  expenses  necessarily  incurred  in  acquiring  title  to 
such  real  estate,  or  in  extinguishing  claims  for  damages 
thereto,  and  for  all  other  expenditures  herein  authorized. 

Description  of  bonds. 

§  510.  The  bonds  to  be  issued  by  the  comptroller  of  The 
City  of  New  York  in  pursuance  of  this  title  shall  be  called 
"  Corporate  stock  of  The  City  of  New  York,"  and  shall  be 
issued  in  the  manner  hereinbefore  provided  for  the  issue  of 
corporate  stock,  subject,  however,  to  the  limitations  of  the 


230 


LAWS  OF  NEW  YOKK. 


state  constitution.  And  the  board  of  aldermen  of  said  city 
is  hereby  authorized  and  directed  to  raise,  from  time  to  time, 
by  tax  upon  the  estates,  real  and  personal,  subject  to  taxa- 
tion in  The  City  of  New  York,  the  sum  or  sums  of  money 
which  may  be  required  to  pay  the  interest  on  said  bonds  and 
to  redeem  them  at  maturity. 

Jurisdiction  of  state  board  of  health. 

§511.  Any  lake  or  reservoir  constructed  or  maintained 
under  the  provisions  of  this  act  shall  be  subject  to  such  sani- 
tary regulations  as  the  state  board  of  health  shall  prescribe. 

Highways  and  bridges. 

§  512.  The  City  of  New  York  is  hereby  required  to  build 

and  construct  such  highways  and  bridges  as  may  be  made 
necessary  by  the  construction  of  any  reservoir  and  to  repair 
and  forever  maintain  such  additional  bridges  as  may  be  made 
necessary  by  the  construction  of  such  reservoir  or  reservoirs. 

Account  of  expenditure  to  be  filed  in  comptroller's  office. 

§  513.  The  said  comijiissioner  of  water  supply,  gas  and 
electricity  shall,  in  every  calendar  month,  file  in  the  office  of 
the  comptroller  of  The  City  of  New  York  an  account  of  all 
expenditures  made  by  him,  or  under  his  authority,  and  of  all 
liabilities  incurred  by  him,  during  the  preceding  month,  and 
an  abstract  of  each  such  account  shall  be  published  in  the 
City  Record. 

Limit  within  which  Lake  Mahopac  may  not  be  drawn  down. 

§  514.  Nothing  herein  contained  shall  authorize  or  em- 
power or  permit  any  water  in  excess  of  the  ordinary  flow 
thereof  to  be  drawn  from  Lake  Mahopac,  in  the  town  of 
Carmel,  Putnam  county,  between  the  first  days  of  March 
and  September  in  any  year. 

Present  proceedings  to  be  continued. 

§  515.  All  proceedings  pending  at  the  time  this  act  takes 
effect  for  the  acquisition  of  title  to  or  the  extinguishment  of 
rights  in  real  estate  for  any  of  the  purposes  in  this  title  speci- 
fied shall  be  continued  and  prosecuted  to  a  conclusion  ac- 
cording to  the  respective  provisions  of  law  under  which  said 
proceedings  may  have  been  begun,  and  as  to  all  such  pro- 
ceedings this  act  shall  not  be  deemed  appHcable. 


CHARTER  OF  NEW  YORK  CITY. 


231 


Id.;  corporation  authorized  to  use  grounds  under  streets/  etc, 

§  516.  All  persons  acting  under  the  authority  of  The  City 
of  New  York  shall  have  the  right  to  use  the  ground  or  soil 
under  any  street,  highway  or  road  within  this  state  for  the 
purpose  of  introducing  water  into  The  City  of  New  York, 
on  condition  that  they  shall  cause  the  surface  of  said  street, 
highways  or  roads  to  be  restored  to  its  original  state,  and  all 
damages  done  thereto  shall  be  repaired. 

Devolution  of  powers  of  former  boards. 

§  517.  For  all  the  purposes  of  this  act  all  of  the  rights, 
powers,  privileges,  duties  and  obligations,  heretofore  created 
by  law  or  otherwise,  of  the  city  of  Brooklyn,  or  of  any  of  its 
departments  or  officers  respecting  the  water-works  of  said  city 
are,  so  far  as  they  are  consistent  with  the  provisions  of  this 
act,  hereby  vested  in  The  City  of  New  York,  as  constituted  by 
this  act,  and  as  matter  of  administration  devolved  upon  the 
commissioner  of  water  supply,  gas  and  electricity  of  The  City 
of  New  York  to  be  by  him  exercised  in  accordance  with  the 
provisions,  directions  and  limitations  of  this  act,  and  all  of  the 
rights,  powers,  privileges,  duties  and  obligations  of  Long 
Island  City,  or  of  any  or  either  of  its  departments  or  officers, 
or  of  any  town,  village  or  district  in  any  of  the  territory  hereby 
annexed  to  the  corporation  heretofore  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New  York,  and  by 
this  act  consolidated  into  one  city,  in  respect  to  any  of  the 
public  water-works  or  the  public  water  system,  or  the  public 
water  supply  thereof;  the  sale  and  distribution  of  the  same, 
are  hereby  vested  in  The  City  of  New  York,  and  for  the  pur- 
pose of  administration  are  hereby  devolved  upon  the  said 
commissioner  to  be  by  him  executed  pursuant  to  the  pro- 
visions^ directions  and  limitations  of  this  act. 

Legal  effect  of  act  upon  new  aqueduct. 

§  518.  Nothing  in  this  act  contained  shall  be  deemed  or  con- 
strued to  repeal,  or  in  any  wise  afifect  chapter  four  hundred 
and  ninety  of  the  laws  of  eighteen  hundred  and  eighty-three, 
entitled  "  An  act  to  provide  new  reservoirs,  dams  and  a  new 
aqueduct  with  the  appurtenances  thereto  for  the  purpose  of 
supplying  the  City  of  New  York  with  an  increased  supply  of 
pure  and  wholesome  water,"  or  the  several  acts  amendatory 
thereof,  but  the  said  act  and  its  amendments  shall  remain  in 
full  force  and  effect.    The  term  of  office  of  the  commission- 


232 


LAWS  OF  NEW  YORK. 


ers  appointed  and  existing  under  the  aforesaid  act  shall  cease 
and  determine  on  the  completion  of  the  work,  and  there- 
upon all  papers,  documents  and  records  in  possession  of  the 
aqueduct  commissioners  shall  be  delivered  to  the  commis- 
sioner of  water  supply,  gas  and  electricity. 

Commissioner  to  inspect  electric  lights;  to  cause  tests  to  be  made, 
etc. 

§  519.  The  said  commissioner  of  water  supply,  gas 
and  electricity  shall  cause  inspection  to  be  made  of  electric 
lights  furnished  to  the  city,  and  of  electric  meters  and 
electric  wiring,  as  such  tests  may  be  provided  for  by  the 
proper  appropriation;  the  said  commissioner  shall  cause 
tests  to  be  made  of  all  meters  in  use  in  said  city  for 
measuring  or  ascertaining  the  quantity  of  electricity  or 
steam  furnished  by  any  corporation  or  person  in  said  city 
within  one  year  after  this  act  shall  take  efYect;  and  there- 
after no  corporation  or  person  shall  furnish  or  put  in  use 
any  electric  or  steam  meter  which  shall  not  have  been  inspected, 
approved  and  sealed  by  the  inspectors,  and  every  such  corpora- 
tion or  person  shall  provide  and  keep  in  or  upon  their  premises 
a  suitable  and  proper  apparatus  to  be  approved  and  sealed  by 
the  inspector  for  testing  and  proving  accuracy  of  meters  fur- 
nished for  use  by  them.  Whenever  a  meter  shall  be  inspected 
the  inspector  shall  attach  thereto  some  seal,  stamp  or  mark, 
with  the  inspector's  name,  the  date  of  his  inspection,  and 
whether  or  not  the  meter  is  accurate.  Meters  in  use  shall  be 
reinspected  and  tested  on  the  written  request  of  the  consumer, 
or  of  the  company,  in  the  presence  of  the  consumer,  if  desired. 
If  any  such  meter  on  being  so  tested  shall  be  found  defective 
or  inaccurate  to  the  prejudice  or  injury  of  the  consumer,  the 
necessary  removal,  inspection,  correction  and  replacing  of  such 
meter  shall  be  without  expense  to  the  consumer;  but  in  all 
other  cases,  except  where  the  change  is  beneficial  to  the  com- 
pany, he  shall  pay  the  reasonable  expense  of  such  inspection 
and  the  reinspection  shall  be  stamped  on  the  meter.  Provided, 
however,  that  nothing  herein  contained  shall  be  construed  as 
requiring  to  be  sealed,  electrolytic  or  other  electric  meters, 
which  in  their  construction  or  use  are  not  susceptible  of  being 
sealed,  nor  the  apparatus  employed  in  taking  the  usual  periodic 
readings  therefrom;  but  all  such  meters  shall,  in  all  other 
respects,  be  tested  and  stamped  in  the  manner  provided  herein 
for  other  meters ;  and  every  corporation  using  such  electrolytic 


CHARTER  OF  NEW  YORK  CITY. 


233! 


or  other  meter  shall  at  all  times  admit  the  inspectors  of  meters 
at  the  meter  department  and  reading  rooms,  and  permit  the 
inspection  by  him  of  all  meters  and  of  all  the  processes,  meth- 
ods and  operations  of  measuring  electric  current  consumed  by 
it. 

Laws  repealed. 

§  520.  The  provisions  of  sections  sixty-two,  sixty- 
three  and  sixty-four  of  chapter  forty  of  the  general  laws, 
known  as  the  transportation  corporations  law,  are  hereby  re- 
pealed in  so  far  as  they  affect  the  inspection  of  electric  meters 
within  The  City  of  New  York. 

Interest  in  manufacture  of  gas,  etc.,  and  certain  acts  by  officers,  etc., 
of  department  prohibited. 

§  521.  No  officer,  agent  or  employe  of  the  depart- 
ment of  water  supply,  gas  and  electricity  shall  in  any  way, 
directly  or  indirectly,  be  interested,  pecuniarily,  in  the 
manufacture  or  sale  of  gas,  or  of  electricity  or 
steam,  or  of  gas  or  electric  or  steam  meters,  or 
of  any  article  or  commodity  used  by  gas  or  electric  companies, 
or  used  for  any  purpose  for  the  consumption  of  gas  or  of 
electricity,  or  steam,  or  in  or  with  a  gas  or  electric  or  steam 
company,  and  no  such  officer,  agent  or  employe  shall  give 
certificates  or  written  opinions  to  a  maker  or  vendor  of  any 
such  article  or  commodity. 

Inspection  of  illuminating  gas;  tests. 

§  522.  The  illuminating  gas  of  every  company  shall 
be  inspected  at  least  twice  a  year,  and  may  be  inspected  as  fre- 
quently as  the  commissioner  may  think  best,  but  not  oftener 
than  once  a  week.  The  gas  shall  be  tested  for  illuminating 
power  by  means  of  a  discphotometer,  or  other  approved  appa- 
ratus, and  during  such  test  shall  be  burned  from  a  burner  best 
adapted  to  it,  which  is  at  the  same  time  suitable  for  domestic 
use,  and  at  as  near  the  rate  of  five  feet  per  hour  as  is  prac- 
ticable. When  the  gas  of  any  such  company  shall  be  found 
on  three  consecutive  inspections  to  be  of  an  illuminating 
power  less  than  twenty  sperm  candles  of  six  to  a  pound,  and 
burning  at  the  rate  of  one  hundred  and  twenty  grains  of 
spermaceti  per  hour,  tested  at  such  place  as  the  said  commis- 
sioner shall  specify  by  a  burner  consuming  five  cubic  feet  of 
gas  per  hour,  and  shall  not  comply  with  the  reasonable  and 

I 


2U 


LAWS  OF  NEW  YORK. 


proper  standard  of  purity  as  fixed  by  said  commissioner,  a  fine 
of  one  hundred  dollars  shall  be  paid  by  such  company  to  the 
city. 

Commissioner  to  submit  proposed  ordinances  relative  to  wires*  etc. 

§  523.  The  said  commissioner  of  water  supply,  gas 
and  electricity  shall  from  time  to  time  submit  for  the  considera- 
tion of  the  board  of  aldermen  such  proposed  ordi- 
nances in  regard  to  electric  wires,  appliances  and  cur- 
rents for  furnishing  light,  heat  or  power  when  introduced 
into  or  placed  in  any  building  in  said  city.  Such  proposed 
ordinances  shall  prescribe  the  method  of  construction,  opera- 
tion, location,  arrangement,  insulation  and  use  of  such  wires, 
appliances  and  currents,  as  said  commissioner  shall  from  time 
to  time  deem  necessary  for  the  protection  of  life  and  property. 

Inspector  of  electric  wiring;  qualifications;  all  wires  to  be  inspected; 
rules,  notices,  etc.;  penalty  for  violation. 

§  524.  Any  inspector  of  electric  wiring  appointed  in 
the  department  shall  have  a  technical  and  practical  knowledge 
of  the  construction  and  operation  of  electrical  lines  and  appli- 
ances. After  this  act  takes  effect,  the  commissioner  shall 
cause  to  be  inspected  all  such  wires,  currents  and  appliances 
that  may  be  introduced  into  or  placed  in  any  building  in  said 
city,  and  the  said  commissioner  shall  furnish  a  certificate  of 
such  inspection  to  any  person  or  corporation  applying  therefor. 
All  notices  of  the  violation  of  any  of  the  provisions  of  this 
section,  or  of  any  ordinances  relating  to  said  department,  or 
any  regulations,  rules  or  orders  made  thereunder  relating  to 
electrical  wires,  currents  or  appliances,  shall  be  issued  and 
served  in  the  manner  provided  in  this  act  for  the  service  of 
notices.  The  violation  of  any  of  the  provisions  of  this  section 
or  of  any  of  the  said  ordinances  or  any  rules  or  regulations 
thereunder  shall  be  deemed  to  be  a  violation  of  the  building 
code  of  said  city,  and  shall  subject  the  person  or  corporation 
committing  the  same  to  the  penalties  prescribed  herein  for 
such  violations. 

Removal  of  electric  wires. 

§  525.  Whenever  in  the  opinion  of  the  board  of 
estimate  and  apportionment  it'  shall  be  practicable  to 
remove  the  electrical  conductors  above  ground  in 
any  street,  avenue,  highway  or  public  place  of  that  part  of 


CHARTER  OF  NKW  YORK  CITY. 


The  City  of  New  York  which  hes  within  the  boroughs  of 
Manhattan  and  The  Bronx,  after  the  grade  of  said  street, 
avenue  or  highway  shall  have  been  finally  determined  and 
established,  and  to  place  the  same  underground,  the  com- 
missioner of  water  supply,  gas  and  electricity  shall 
notify  the  owners  or  operators  of  the  electrical  con- 
ductors above  ground  that  such  electrical  conductors 
must  be  removed  within  a  certain  time  to  be  fixed 
by  said  commissioner,  which  time  shall  be  sufficient 
for  such  removal,  and  in  the  case  of  a  corporation  duly 
authorized  to  lay  and  operate  electrical  conductors  under- 
ground in  such  street,  avenue,  highway  or  public  place,  suffi- 
cient also  for  the  proper  laying  of  conductors  underground 
in  place  of  those  removed.  All  electrical  conductors  author- 
ized to  be  placed  underground,  shall  be  placed  underground 
under  and  in  accordance  with  the  provisions  of  chapter  seven 
hundred  and  sixteen  of  the  laws  of  eighteen  hundred  and 
eighty-seven,  chapter  two  hundred  and  thirty-one  of  the  laws 
of  eighteen  hundred  and  ninety-one,  chapter  two  hundred 
and  sixty-three  of  the  laws  of  eighteen  hundred  and  ninety- 
two,  and  the  laws  amendatory  thereof  and  supplemental 
thereto.  Whenever  application  shall  be  made  to  said 
commissioner  of  water  supply,  gas  and  electricity  for 
permission  to  place  underground  electrical  conductors 
^  in  any  street,  avenue,  highway  or  public  place  of 
that  part  of  The  City  of  New  York  which  lies 
within  the  boroughs  of  Manhattan  and  The  Bronx,  the 
subways  therefor  shall,  if  such  permission  be  granted,  be 
constructed  or  provided,  and  such  electrical  conductors 
placed  underground  under  and  in  accordance  with  the  pro- 
visions of  said  laws.  But  such  permission  shall  be  granted 
only  in  accordance  with  the  provisions  of  said  laws. 

Underground  electrical  conductors. 

§  526.  Whenever^  the  said  board  of  estimate  and 
apportionment  sha'll  deem  it  desirable  and  practicable, 
after  hearing  all  parties  interested,  that  the  electrical 
conductors  in  any  street,  avenue,  highway  or  pub- 
lic place  of  The  City  of  New  York,  lying  within  the  boroughs 
of  Brooklyn,  Queens  and  Richmond,  be  placed  underground, 
the  said  commissioner  of  water  supply,  gas  and  electricity  shall 
notify  the  owners  or  operators  of  the  electrical  conductors 
above  ground  in  any  such  street,  avenue,  highway  or  public 
nlace,  that  said  electrical  conductors  shall  be  placed  under- 


236 


LAWS  OF  NEW  YORK., 


ground  within  a  certain  time  to  be  fixed  by  the  said  commis- 
sioner, which  said  time  shall  be  sufficient  for  the  proper 
construction  of  underground  conduits  or  other  channels  in 
said  street,  avenue,  highway  or  public  place.  Whenever  any 
duly  authorized  company  operating  or  intending  to  operate 
electrical  conductors  in  any  street,  avenue,  highway  or  pub- 
lic place  in  that  part  of  The  City  of  New  York  which  lies 
within  the  boroughs  of  Brooklyn,  Queens  and  Richmond, 
shall  desire  to  place  its  conductors  or  any  of  them  under- 
ground, it  shall  be  obligatory  upon  such  company  to  file  with 
the  said  commissioner  a  map  or  maps  made  to  a 
scale,  showing  the  streets  or  avenues  or  other  high- 
ways or  public  places,  which  are  desired  to  be 
used  for  such  purpose,  and  giving  the  general  loca- 
tion, dimensions  and  course  of  the  underground  conduit 
desired  to  be  constructed.  Before  any  such  conduit  shall  be 
constructed  it  shall  be  necessary  to  obtain  the  approval  by 
said  commissioner  of  said  plan  of  construction  so  proposed 
by  such  company,  and  said  commissioner  shall  have  power  to 
require  that  the  work  of  removal  and  of  constructing  every 
such  system  of  underground  conductors  shall  be  done  ac- 
cording to  such  plan  so  approved. 

Id.;  procedure  when  board  of  estimate  and  apportionment  determines 
upon. 

§  527.  Whenever  the  commissioner  of  water  supply,  gas 
and  electricity  in  accordance  with  the  resolution  of  the 
board  of  estimate  and  apportionment  shall  notify  the 
owners  or  operators  of  any  electrical  conductors  in  The  City 
of  New  York,  that  said  conductors  shall  be  removed  or 
placed  underground  within  a  certain  time,  the  time  within 
which  said  electrical  conductors  shall  be  placed  underground 
shall  be  fixed  by  the  said  commissioner,  giving  all  persons 
or  corporations  owning  or  operating  such  electrical  con- 
ductors, an  opportunity  to  be  heard  on  the  question  of  the 
time  necessary  to  place  said  conductors  underground,  and 
after  hearing  the  engineer  of  lighting  and  electricity,  and 
such  other  expert  opinion  as  the  said  commissioner  may 
think  advisable.  Said  owners  or  operators  of  electrical  con- 
ductors above  ground  in  such  street  or  locality  shall  be  re- 
quired to  remove  all  of  said  poles,  wires  or  other  electrical 
conductors  and  supporting  fixtures  or  other  devices  from  any 
such  street  or  locality  within  thirty  days  after  the  expiration 
of  the  time  so  fixed  by  said  commissioner. 


CHARTER  OF  NEW  YORK  CITY.  237 


Id.;  permit  necessary  to  take  up  pavement,  etc.;  commissioner  of 
water  supply,  e4c.,  to  determine  method  of  extension;  board  of 
aldermen  may  enact  ordinances  regulating  use,  etc. 

§  528.  It  shall  be  unlawful,  after  the  passage  of  this 
act,  for  any  person  or  corporation  to  take  up  the  pavement 
of  any  of  the  streets,  avenues,  highrways  or  other  public 
places  of  said  city,  or  to  excavate  for  the  purpose  of  laying 
underground  any  electrical  conductors,  of  constructing  sub- 
ways, or  of  erecting  poles,  unless  permission  in  writing  there- 
for shall  have  been  first  obtained  from  the  said  commissioner 
of  water  supply,  gas  and  electricity  with  the  written  approval 
of  the  president  of  the  borough  within  which  it  is  desired  to 
lay  such  conduits,  erect  such  poles,  or  to  construct  such  sub- 
ways. No  electrical  conductors,  shall  be  strung,  laid  or 
maintained  above  or  below  the  surface  of  any  street,  avenue, 
highway  or  other  public  place,  in  any  part  of  said  city  without 
permission  in  writing  from  said  commissioner  therefor.  And 
the  said  commissioner  shall  determine  whether  any  extension 
of  the  existing  electrical  conductors  of  any  person  or  corpora- 
tion in  said  city  shall  be  by  means  of  overhead  or  underground 
conductors.  The  board  of  aldermen  may  establish,  and  may 
from  time  to  time  enact  general  ordinances  regulating  the 
construction,  maintenance,  use  and  management  of  the  elec- 
trical conductors,  poles  and  fixtures  above  ground,  and  the 
conduits  and  subways  therefor  constructed  under  ground. 

The  four  preceding  sections  to  be  police  regulations. 

§  529.  The  provisions  of  the  four  preceding  sections 
of  this  act  are  made  police  regulations  in  and  for  The  City  of 
New  York,  and  in  case  the  several  owners  of  said  poles,  wires 
or  other  electrical  conductors,  fixtures  and  devices  shall  not 
cause  them  to  be  removed  from  such  streets  or  localities  as 
required  by  said  commissioner  of  water  supply,  gas  and 
electricity  or  by  the  determination  of  the  board  of  estimate 
and  apportionment,  or  shall  neglect  or  refuse  to  comply  with 
any  of  the  ordinances  as  herein  provided,  it  shall  be  the  duty 
of  the  said  commissioner  to  cause  the  same  to  be  removed 
from  said  streets,  roads,  avenues,  lanes,  parks  and  public 
places. 

Separate  contracts  for  lighting  each  borough;  duty  of  commissioner. 

§  530.  The  commissioner  of  water  supply,  gas  and 
electricity,  under  and  in  conformity  to  the  ordinance  regulat- 
ing contracts  shall  prepare  the  terms  and  specifications  under 


238 


LAWS  OF  NEW  YORK. 


which  contracts  shall  be  made  for  lighting  the  streets,  public 
buildings  and  parks  of  said  city.  Separate  contracts  shall 
be  made  for  such  lighting  in  each  of  the  boroughs  of 
The  City  of  New  York,  or  in  such  subdivisions  of  the 
city  as  may  appear  to  the  board  of  estimate  and  apportion- 
ment to  be  for  the  best  interests  of  the  city.  The  number, 
kind  and  location  of  lights  to  be  furnished  under  each  of  said 
contracts  shall  be  determined  and  prescribed  by  the  said  com- 
missioner. Such  bids  shall  be  prepared  and  adver- 
tised for,  and  such  contracts  shall  be  executed  in 
the  manner  prescribed  for  herein  as  to  other  con- 
tracts entered  into  by  said  city  or  the  departments 
thereof.  Contracts  shall  be  made  for  the  term  of  not  exceed- 
ing one  year,  and  shall  be  awarded  to  the  lowest  bidder,  unless 
the  board  of  estimate  and  apportionment  shall  determine  that 
it  is  for  the  public  interest  that  a  bid  other  than  the  lowest 
should  be  accepted.  Contracts  made  for  a  given  borough  or 
district  shall  include  all  lights  of  a  given  kind  used  by  said 
city  in  said  borough  or  district  then  ordered  or  thereafter  to 
be  ordered  by  said  commissioner  during  the  term  of  said 
contract.  But  no  bid  shall  be  entertained  unless  the  said 
commissioner  shall  be  satisfied  that  the  party  or  parties  bid- 
ding are  possessed  of  sufficient  plant  to  carry  out  the  pro- 
visions of  the  contract. 

Maps,  etc.,  to  be  turned  over  to  commissioner. 

§  531.  The  commissioner  of  public  buildings,  lighting  and 
supplies,  as  constituted  by  chapter  three  hundred  and  seventy- 
eight  of  the  laws  of  eighteen  hundred  and  ninety-seven,  is 
hereby  required  and  directed  to  turn  over  and  deliver  to  the 
commissioner  of  water  supply,  gas  and  electricity,  on  the 
first  day  of  January,  nineteen  hundred  and  two,  all  maps,  plans, 
models,  books  and  papers  and  all  official  records  and  papers 
of  every  kind  in  his  possession  relating  to  the  construction  and 
location  of  electrical  conductors,  conduits  or  subways,  filed 
with  or  communicated  to  said  commissioner. 

TITLE  3. 

Department  of  Street  Cleaning, 

Commissioner,  appointment  and  salary. 

§  533-  The  head  of  the  department  of  street  cleaning  shall 
be  called  the  commissioner  of  street  cleaning.  He  shall  be 
appointed  by  the  mayor  and  shall  hold  office  as  provided  in 


CHARTER  OF  NEW  YORK  CITY. 


239 


chapter  four  of  this  act.  His  salary  shall  be  seven  thousand 
live  hundred  dollars  a  year.  The  main  office  of  the  depart- 
ment shall  be  located  in  the  borough  of  Manhattan.  Branch 
offices  may  be  located  in  the  boroughs  of  Brooklyn  and  The 
Bronx. 

Id.;  jurisdiction. 

§  534.  The  commissioner  of  street  cleaning  shall  have  cog- 
nizance and  control : 

1.  Of  the  sweeping  and  cleaning  of  the  streets  of  the 
boroughs  of  Manhattan,  The  Bronx,  and  Brooklyn,  and  of  the 
removal,  or  other  disposition  as  often  as  the  public  health  and 
the  use  of  the  streets  may  require,  of  ashes,  street  sweepings, 
garbage,  and  other  light  refuse  and  rubbish,  and  of  the  removal 
of  snow  and  ice  from  leading  thoroughfares  and  from  such 
other  streets  within  said  boroughs  as  may  be  found  practicable. 

2.  Of  the  framing  of  regulations  controlling  the  use  of  side- 
walks and  gutters  by  abutting  owners  and  occupants  for  the 
disposition  of  sweepings,  refuse,  garbage  or  light  rubbish, 
within  such  boroughs,  which,  when  so  framed,  and  approved 
by  the  board  of  aldermen  shall  be  published  in  like  manner 
as  city  ordinances,  and  shall  be  enforced  by  the  police  depart- 
ment in  the  same  manner  and  to  the  same  extent  as  such  ordi- 
nances. 

Streets;  what  streets  and  wharves  not  included. 

§  535.  The  term  streets  as  used  in  this  title  shall  not  be 
deemed  to  include  such  macadamized  streets  as  are  within  any 
park  or  are  under  the  control  or  management  of  the  depart- 
ment of  parks,  nor  such  wharves,  piers  and  bulkheads  or  slips 
and  parts  of  streets  and  places  as  are  by  law  committed  to  the 
custody  and  control  of  the  department  of  docks  and  ferries. 

Street  cleaning  department;  members  of;   clerical   and  uniformed 
forces, 

§  536.  The  members  of  the  department  of  street  cleaning 
shall  be  divided  into  two  general  classes,  to  be  designated, 
respectively,  the  clerical  force  and  the  uniformed  force.  The 
clerical  force  shall  consist  of  a  chief  clerk,  medical  examiners, 
not  exceeding  three  in  number,  and  such  and  so  many  clerks 
and  messengers  as  the  commissioner  of  street  cleaning  shall 
deem  necessary.  The  uniformed  force  shall  be  appointed  by 
the  commissioner  of  street  cleaning,  and  shall  consist  of 


240 


LAWS  OF  NEW  YOEK. 


one  general  superintendent,  one  assistant  superintendent, 
one  superintendent  of  final  disposition,  one  assistant  superin- 
tendent of  final  disposition,  district  superintendents,  not  ex- 
ceeding twenty-one  in  number;  time  collectors,  not  exceeding 
eight  in  number;  section  foremen,  not  exceeding  one  hundred 
and  twenty-five  in  number;  dump  inspectors,  not  exceeding 
forty-three  in  number;  assistant  dump  inspectors,  not  exceed- 
ing forty-three  in  number;  sweepers,  not  exceeding  thirty- 
one  hundred  in  number ;  dump  boardmen,  not  exceeding  forty- 
three  in  number;  drivers,  not  exceeding  sixteen  hundred  in 
number ;  stable  foremen,  not  exceeding  twenty-one  in  number ; 
assistant  stable  foremen,  not  exceeding  twenty-one  in  number ; 
hostlers,  not  exceeding  one  head  hostler  to  each  stable 
and  additional  hostlers  not  exceeding  one  for  each 
ten  horses;  a  master  mechanic  and  such  and  so 
many  mechanics  and  helpers  as  may  be  necessary. 
The  commissioner  of  street  cleaning  shall  have  power 
and  is  hereby  authorized  to  increase  the  said  uniformed  force, 
from  time  to  time,  by  adding  to  the  number  of  sweepers, 
drivers  and  hostlers,  provided  the  board  of  estimate  and  appor- 
tionment .and  the  board  of  aldermen  shall  have  pre- 
viously made  an  appropriation  for  the  purpose  of 
permitting  such  increase.  The  annual  salaries  and  com- 
pensations of  the  members  of  the  uniformed  force  of  the 
department  of  street  cleaning  shall  not  exceed  the  follow- 
ing: Of  the  general  superintendent,  three  thousand  dollars; 
of  the  assistant  superintendent,  two  thousand  five  hundred  dol- 
lars; of  the  master  mechanic,  one  thousand  eight  hundred  dol- 
lars; of  the  superintendent  of  final  disposition,  two  thousand 
dollars;  of  the  assistant  superintendent  of  final  disposition, 
one  thousand  five  hundred  dollars;  of  the  district  super- 
intendents, one  thousand  eight  hundred  dollars  each;  of 
the  time  collectors,  one  thousand  two  hundred  dollars 
each;  of  the  section  foremen,  one  thousand  two  hundred 
dollars  each;  of  sweepers  or  drivers  acting  as  assistants 
to  the  section  or  stable  foremen,  nine  hundred  dollars 
each ;  of  the  dump  inspectors,  one  thousand  two  hundred  dol- 
lars each;  of  the  assistant  dump  inspectors,  nine  hundred  dol- 
lars each;  of  the  dump  boardmen,  seven  hundred  and 
twenty  dollars  each;  of  . the  sweepers,  seven  hundred  and 
twenty  dollars  each ;  of  the  drivers,  seven  hundred  and  twenty 
dollars  each;  of  the  stable  foremen,  one  thousand  three  hun- 
dred dollars  each ;  of  the  assistant  stable  foremen,  one  thousand 
dollars  each ;  of  the  hostlers,  seven  hundred  and  twenty  dollars 


CHARTER  OF  NEW  YORK  CITY. 


24] 


each.  Hostlers  may  receive  extra  pay  for  Sundays  if  an 
appropriation  therefor  is  made  by  the  board  of  estimate  and 
apportionment.  The  members  of  the  department  of  street 
cleaning  shall  be  employed  at  all  such  times  and  during  such 
hours  and  upon  such  duties  as  the  commissioner  of  street  clean- 
ing shall  direct  for  the  purpose  of  an  effective  performance  of 
the  work  devolving  upon  the  said  department.  In  case  of  a 
snowfall  or  other  emergency,  the  commissioner  of  street  clean- 
ing or  the  deputy  commissioner  may  hire  and  employ  tempo- 
rarily such  and  so  many  men,  carts  and  horses  as  shall  be  ren- 
dered necessary  by  such  emergency,  forthwith  reporting  such 
action  with  the  full  particulars  thereof  to  the  mayor,  but  no 
man,  cart  or  horse  shall  be  so  hired  or  employed  for  a  longer 
period  than  three  days,  except  that  any  person  registered  or 
eligible  to  appointment  as  a  driver,  or  as  a  sweeper,  may  be 
temporarily  employed  at  any  time  as  an  extra  driver  or 
sweeper  to  fill  the  place  of  a  driver  or  sweeper  who  is 
suspended  or  temporarily  absent  from  duty  from  any  cause. 
The  rate  of  compensation  for  such  extra  drivers  or  sweepers 
shall  be  two  dollars  per  day,  and  the  driver  or  sweeper 
whose  place  is  so  filled  shall  not  receive  any  compensa- 
tion for  the  time  during  which  he  is  so  absent  from  duty 
or  his  place  is  so  filled,  unless  such  injury  or  illness  was  caused 
by  service  in  the  department.  The  services  of  any 
person  employed,  and  of  carts  and  horses  hired 
pursuant  to  this  section,  shall  be  paid  for  in  full  and 
directly  by  the  department  of  street  cleaning,  at  such  times  as 
may  be  prescribed  by  such  department;  and  they,  and  each  of 
them,  shall  be  employed  and  hired  directly  by  the  department 
of  street  cleaning  and  not  through  contractors  or  other  per- 
sons, unless  the  commissioner  himself  shall  determine  that  this 
requirement  must  for  proper  action  in  a  particular  instance  be 
dispensed  with.  Nothing  herein  contained  shall  affect  any 
existing  contracts  made  with  or  by  the  department  of  street 
cleaning  in  regard  to  the  cleaning  of  Broadway  below  Four- 
teenth street  in  said  city  or  the  renewal  thereof,  if  deemed  best 
by  the  commissioner  of  said  department.  Neither  the  com- 
missioner of  street  cleaning,  nor  any  deputy  commissioner  of 
street  cleaning,  nor  any  member  of  the  uniformed  force  of  the 
street  cleaning  department,  shall  be  permitted  to  contribute 
any  moneys,  directly  or  indirectly,  to  any  political  fund,  or  in- 
tended to  affect  legislation  for  or  on  behalf  of  the  street  clean- 
ing department  or  any  member  thereof. 


242 


LAWS  OP  NEW  YORK. 


Id.;  removal  of  members  of  clerical  and  uniformed  forces. 

§  537-  No  member  of  the  clerical  or  uniformed  force 
of  the  department  of  street  cleaning  shall  be  removed 
until  he  has  been  informed  of  the  cause  of  the  pro- 
posed removal  and  has  been  allowed  an  opportunity 
of  making  an  explanation  and  in  every  case  of  re- 
moval the  true  grounds  thereof  shall  be  entered  upon  the 
records  of  the  department.  The  commissioner  of  street  clean- 
ing shall  have  power,  in  his  discretion,  on  evidence  satisfactory 
to  him  that  a  member  of  the  uniformed  force  has  been  guilty 
of  any  legal  or  criminal  offense  or  neglect  of  duty,  violation 
of  rules,  or  neglect  or  disobedience  of  orders,  or  incapacity, 
or  absence  without  leave,  or  conduct  injurious  to  the  public 
peace  or  welfare,  or  immoral  conduct,  or  any  breach  of  disci- 
pline, to  punish  the  offending  party  by  forfeiting  or  withhold- 
ing pay  for  a  specified  time,  suspension  without  pay  during 
such  suspension  for  a  period  not  exceeding  thirty  days,  or  by 
dismissal  from  the  force,  but  no  more  than  thirty  days'  pay 
or  salary  shall  be  forfeited  or  deducted  for  any  offense.  The 
said  commissioner  is  also  authorized  and  empowered,  in  his 
discretion,  to  deduct  and  withhold  pay,  salary  or  compensation 
from  any  member  or  members  of  the  force  for  and  on  account 
of  absence  for  any  cause  without  leave.  All  fines  imposed 
and  pay  deducted  or  withheld  under  the  provisions  of  this  sec- 
tion, shall  be  retained  by  the  comptroller  to  the  credit  of  the 
apportionment  for  the  department  of  street  cleaning,  and  shall 
be  applicable,  in  the  discretion  of  the  commissioner  of  street 
cleaning,  to  any  of  the  purposes  of  said  department  as  if 
originally  appropriated  therefor.  Absence  without  leave  of 
any  member  of  the  uniformed  force  for  five  consecutive  days 
shall  be  deemed  and  held  to  be  a  resignation,  and  the  member 
so  absent  shall  at  the  expiration  of  said  period  cease  to  be  a 
member  of  said  force  and  may  be  dismissed  therefrom  without 
notice.  No  leave  of  absence  exceeding  twenty  days  in  any 
one  year  shall  be  granted  or  allowed  to  any  member  of  the 
uniformed  force,  except  upon  condition  that  such  member  shall 
waive  or  release  not  less  than  one-half  of  all  salary,  pay  or 
compensation  and  claim  thereto  or  any  part  thereof  during 
such  absence.  The  said  commissioner  of  street  cleaning  is 
hereby  authorized  and  empowered,  from  time  to  time,  to  make, 
adopt,  enforce  rules,  orders  and  regulations  conformable  to 
the  provisions  of  this  act  for  the  government,  administration, 
discipline  and  disposition  of  the  said  department  and  of  the 


CHARTER  OF  NEW  YORK  CITY. 


243 


members  thereof,  and  to  prescribe  and  define  the  duties  of  each 
member.  When  and  as  soon  as  a  member  of  the  uniformed 
force  has  been  fined,  suspended,  or  dismissed  the  true  cause 
for  such  fine,  suspension  or  dismissal  shall  be  entered  in  writing 
in  a  book  to  be  kept  for  that  purpose  by  the  commissioner  of 
street  cleaning,  which  book  shall  be  a  public  record.  A  copy 
of  the  rules  and  regulations  or  of  any  or  either  of  them  of  the 
said  commissioner  adopted  by  him  may,  when  certified  by  him 
or  by  his  deputy,  be  given  in  evidence  upon  any  trial,  investi- 
gation, hearing  or  proceeding  in  any  court  or  before  any  trib- 
unal, commissioner  or  commissioners,  board  or  competent 
body,  with  the  same  force  and  efifect  as  the  original.  In  the 
event  of  the  removal  of  any  member  of  the  clerical  or  uni- 
formed force,  he  shall  have  the  right  to  sue  out  a  writ  of  cer- 
tiorari or  other  appropriate  remedy  for  the  purposes  of  re- 
viewing the  action  of  the  commissioner  or  his  deputy,  and, 
upon  being  successful  upon  such  proceeding,  he  shall  be  en- 
titled to  be  re-instated  and  to  receive  full  pay  during  the  time 
of  his  suspension  or  removal  from  office. 

Members  of  department  not  liable  to  military  or  jury  duty, 

§  538.  No  person  holding  any  office  or  position  under  the 
department  of  street  cleaning  shall  be  liable  to  military  or  jury 
duty. 

Division  of  streets  into  districts;  allotment  of  sweepers. 

§  539-  -^11  the  paved  avenues,  streets,  lanes,  alleys  and  places 
in  said  city  which  the  department  of  street  cleaning  is  by  this 
act  charged  with  the  duty  of  cleaning,  shall  be  cleaned  and 
kept  cleaned  by  hand  labor,  and  for  that  purpose  each  sweeper 
shall  provide  himself  with  such  tools  and  implements  as  the 
commissioner  of  street  cleaning  shall  prescribe,  and  to  each 
sweeper  shall  be  allotted  a  fixed  area  of  street  surface  according 
to  the  character  of  the  locality;  of  which  allotment  a  record 
shall  be  kept  in  the  department  of  street  cleaning  and  shall  be 
a  public  record,  but  nothing  in  this  section  contained  shall  be 
deemed  to  prevent  the  commissioner  of  street  cleaning  from 
causing  the  labor  of  the  sweepers  to  be  supplemented  by  the 
use  of  sweeping  machines  in  such  streets  and  avenues  as  to  him 
may  seem  proper.  It  shall  be  the  duty  of  the  commissioner  of 
street  cleaning  to  divide  the  city  into  a  suitable  number  of 
districts,  not  exceeding  twenty-one,  each  of  which  shall  be 
under  the  charge  and  supervision  of  a  district  superintendent 


244 


LAWS  OF  NEW  YORK. 


who  shall  be  directly  responsible  to  the  general  superintendent, 
and  also  to  the  commissioner  of  street  cleaning  for  the  clean- 
liness of  his  district.  Each  of  said  districts  shall  be  by  said 
commissioner  subdivided  into  sections  in  charge  of  foremen 
responsible  to  the  district  superintendent,  as  well  as  to  the 
general  superintendent,  and  to  the  commissioner  of  street 
cleaning  for  the  cleanliness  of  his  section.  It  shall  be  the 
duty  of  said  commissioner  of  street  cleaning  to  make  such 
allotment  and  designation  of  the  area  to  be  covered,  and  the 
duties  to  be  performed  by  the  uniformed  force,  that  each  mem- 
ber thereof,  except  the  general  superintendent  and  his  assistant 
shall  have  one  particular  district  or  section  in  which  to  perform 
all  the  work  to  which  he  is  allotted.  But  nothing  herein  con- 
tained shall  be  so  construed  as  to  prevent  the  commissioner 
of  street  cleaning  from  transferring,  at  his  discretion,  members 
of  the  uniformed  force,  from  one  district  or  section  to  another, 
nor  from  temporarily  employing  all  or  any  number  of  said 
uniformed  force  in  a  particular  street  or  streets,  section  or  sec- 
tions. 

Department  of  docks;  to  keep  wharves,  etc.,  clean. 

§  540.  The  department  of  docks  shall  have  power  and 
authority  and  it  is  hereby  made  its  duty  to  cause  the  wharves, 
piers,  bulkheads,  heads  of  slips,  and  portions  of  any  streets 
and  places  by  law  committed  to  the  custody  and  control  of 
said  department  of  docks,  to  be  thoroughly  clean  and  kept  clean 
at  all  times;  and  to  remove  from  said  wharves,  piers,  bulk- 
heads, heads  of  slips  and  portions  of  streets,  and  to  dispose  of 
all  sweepings,  ashes  and  garbage.  And  for  the  purpose  of 
disposing  of  the  sweepings  and  other  refuse  removed  by  said 
department  of  docks,  the  said  department  of  docks  shall  have 
the  right  and  is  hereby  authorized  to  use  concurrently  with 
the  said  department  of  street  cleaning,  such  dumping  boards, 
•slips  and  piers  as  may  be  assigned  to  and  set  apart  for  the  use 
of  said  department  of  street  cleaning,  and  all  contracts  made 
by  the  commissioner  of  street  cleaning  under  this  act  for  the 
removal  of  ashes  and  garbage  and  sweepings  shall  provide  for 
the  removal  of  such  ashes,  garbage  and  sweepings,  as  may  be 
required  to  be  removed  by  said  department  of  docks. 

Commissioner  of  street  cleaning;  power  to  obtain  plant,  supplies,  etc. 

§  541.  The  said  commissioner  of  street  cleaning  shall  have 
power,  and  it  shall  be  his  duty,  to  purchase  or  hire  from 
time  to  time  for  his  use  as  such  commissioner,  at  current 


CHAKTER  OF  NEW  YORK  CITY. 


245 


prices,  such  and  so  many  horses,  carts,  steam  tugs,  scows, 
boats,  vessels,  machines,  tools  and  other  property  as  may  be 
required  for  the  economical  and  effectual  performance  of  his 
aforesaid  duty  or  to  contract  for  the  construction  of  any 
such  tugs,  scows,  boats,  vessels,  carts,  machines,  tools  or 
other  property;  or  for  the  sweeping  of  streets  and  the  re- 
moval of  street  sweepings,  and  also  to  contract  for 
the  cremation,  utilization  or  burning  of  street  sweep- 
ings, refuse  and  garbage;  or  for  the  melting  or  re- 
moval of  snow  upon  or  from  any  streets  or  avenues  or  parts 
thereof.  The  title  to  property  so  purchased  or  constructed 
shall  be  in  The  City  of  New  York.  All  such  hiring,  or 
purchases,  or  contracts,  however,  exceeding  one  thousand 
dollars  in  amount  at  any  one  hiring  or  purchase,  shall  be 
let  by  contract  to  the  lowest  bidder  therefor,  founded  on 
sealed  bids  or  proposals  made  in  compliance  with  public 
notice  advertised  in  the  City  Record;  such  notice  to  be  pub- 
lished at  least  ten  days  prior  to  the  opening  of  such  pro- 
posals or  bids.  Provided,  that  nothing  herein  contained 
shall  prevent  said  commissioner,  whenever  it  shall  be  neces- 
sary, to  hire  such  horses,  carts,  boats,  steam  tugs, 
scows,  vessels,  machines,  or  tools  for  a  day  or  trip, 
and  for  successive  days  or  trips,  without  advertis- 
ing of  contract  founded  on  sealed  proposals  or  bids,  at 
compensation  by  the  day  or  trip,  notwithstanding  the  aggre- 
gate compensation  for  such  successive  days  or  trips  may  ex- 
ceed said  sum  of  one  thousand  dollars.  The  said  commis- 
sioner is  hereby  authorized,  whenever  and  as  often  as,  in  his 
opinion,  the  public  interests  shall  require,  to  reject  all  bids 
or  proposals  received  in  answer  to  any  such  advertisement, 
and  to  readvertise  for  bids  and  proposals  as  hereinafter  pro- 
vided. Whenever  the  said  commissioner  shall  deem  it  nec- 
essary, he  shall  and  is  hereby  authorized  to  sell,  at  public 
auction,  any  plant,  material,  horses,  carts,  scows  or  other 
property,  used  in  any  way  in  connection  with  the  work  of 
cleaning  streets;  but  before  any  such  sale  shall  be  made  a 
notice  thereof  stating  the  time  and  place  of  sale  shall  be  pub- 
lished in  the  City  Record  and  corporation  newspapers  for  at 
least  ten  days  immediately  preceding  such  sale,  and  the  pro- 
ceeds arising  from  such  sale,  after  deducting  the  necessary 
expenses  thereof,  shall  be  paid  nito  the  city  treasury  to  the 
credit  of  the  general  fund  for  the  reduction  of  taxation.  The 
said  commissioner  is  hereby  authorized,  with  the  consent  and 
approval  of  the  board  of  sinking  fund  commissioners,  to  hire 


246 


LAWS  OF  NEW  YORK. 


or  lease  for  periods  not  exceeding  ten  years  suitable  and  suffi- 
cient offices  for  the  transaction  of  the  business  under  his 
charge,  and  also  such  stables  and  other  buildings  or  parts  of 
buildings  or  plots  of  ground  as  may,  from  time  to  time,  be 
necessary.  All  carts  used  by  said  department  of  street  clean- 
ing shall  be  of  such  size,  form  and  construction  as  to  prevent 
escape  during  transit  of  dust,  or  of  any  refuse  carried  therein. 

Piers,  docks,  slips,  etc.,  for  use  of  department. 

§  542.  The  department,  bureau  or  city  officer,  authority  or 
authorities,  which  shall  from  time  to  time  have  the  manage- 
ment and  control  of  the  public  docks,  piers  and  slips  of  the 
city,  shall  designate  and  set  apart  for  the  use  of  said  commis- 
sioner and  for  the  borough  presidents  of  the  boroughs  of 
Queens  and  Richmond  suitable  and  sufficient  slips,  piers  and 
berths  in  slips,  located  as  the  said  commissioner  or  borough 
presidents  may  require,  and  such  as  shall  be  convenient  and 
necessary  for  his  or  their  use  in  executing  the  duty  hereby 
imposed  upon  them,  or  either  of  them,  excepting 
slips,  docks  and  piers  on  the  East  river  set  apart  for  the  use 
of  canal  boats.  The  said  commissioner  or  borough  presi- 
dent may,  with  the  approval,  in  writing,  of  the  board  of  esti- 
mate and  apportionment,  lease  piers,  slips  or  wharves  for  the 
necessary  purposes  of  the  duties  by  this  act  con- 
ferred, upon  them  or  either  of  them  whenever  suitable  piers, 
slips  or  wharves  owned  by  or  under  the  control  of  the  city 
cannot  be  obtained  or  are  not  set  apart  and  designated  as  in 
this  section  provided. 

Uniform,  badges,  etc.,  of  uniformed  force. 

§  543.  The  commissioner  of  street  cleaning  is  hereby 
authorized  and  directed,  from  time  to  time,  to  prescribe  dis- 
tinctive uniforms,  badges  and  insignia  to  be  worn  and  dis- 
played by  the  several  members  of  the  uniformed  force  of  said 
department  and  to  prescribe  and  enforce  penalties  for  the 
failure  to  wear  and  exhibit  the  same  by  any  member  of  said 
force  while  engaged  in  the  work  of  the  department. 

Special  contracts  for  disposition  of  sweepings,  ashes,  garbage,  etc. 

§  544.  Said  commissioner  shall  have  power  to  enter  into 
contracts  with  responsible  persons  and  parties  for  the  final 
disposition,  for  periods  not  exceeding  five  years,  of  all  or  any 
part  of  the  said  street  sweepings,  ashes,  or  garbage,  and 


CHARTER  OF  NEW  YORK  CITY. 


247 


^uch  Other  light  refuse  or  rubbish  when  collected;  provided 
always  that  such  contract  shall  be  approved  both  as  to  terms 
and  conditions  by  the  board  of  estimate  and  apportionment. 
All  contracts  shall  be  entered  into  on  behalf  of  the  city  by  the 
commissioner  with  adequate  security.  He  shall  advertise 
for  proposals  in  such  newspapers  in  the  city  as  he  may  desig- 
nate, not  exceeding  three  in  number,  for  ten  days,  to  perform 
the  work  in  such  form  and  manner  and  on  such  terms  and 
conditions  as  he  may  prescribe.  Such  proposals  may  be  for 
the  performance  of  all  or  such  part  or  portion  of  the  work  as 
he  shall  require.  Each  proposal  must  be  accompanied  by  a 
certified  check  on  a  solvent  banking  corporation  in  the  city, 
payable  to  the  order  of  the  comptroller  for  five  per  centum 
of  the  amount  for  which  the  work  bid  for  is  proposed  in  any 
one  year  to  be  performed.  From  the  proposals  so  received 
he  may  select  the  bid  or  bids,  the  acceptance  of  which  will, 
in  his  judgment,  best  secure  the  e^^icient  performance  of  the 
work,  or  he  may  reject  any  or  all  of  said  bids.  On  the  ac- 
ceptance of  any  bid  by  him,  the  checks  of  the  unaccepted 
bidders  shall  be  returned  to  them,  and  upon  the  execution 
of  the  contract  the  check  of  the  accepted  bidder  shall  be  re- 
turned to  him.  The  surety  or  sureties  upon  all  contracts 
hereby  authorized  shall  be  approved  by  the  comptroller,  and 
all  contracts  and  bonds  securing  the  same  shall  be  approved 
as  to  form  by  the  counsel  to  the  corporation.  The  terms  and 
conditions  of  all  contracts  for  street  sweeping  and  cleaning, 
or  for  the  collection  of  ashes  and  garbage,  shall,  before  they 
are  enterejj  into,  be  approved  by  the  board  of  estimate  and 
apportionment. 

Proceedings  for  removal  of  trucks,  etc.,  from  streets,  regulated. 

§  545.  It  shall  be  the  duty  of  the  commissioner  of  street 
cleaning  to  remove,  or  cause  to  be  removed,  all  unharnessed 
trucks,  carts,  wagons  and  vehicles  of  any  description,  found 
in  any  public  street  or  place,  and  also  all  boxes,  barrels,  bales 
or  merchandise  and  other  movable  property  found  upon  any 
public  street,  or  place,  not  including,  however,  any  portion 
of  marginal  street,  or  place,  or  wharf,  which,  by  the  provision 
of  any  law  or  statute,  is  committed  to  the  custody  and  control 
of  the  department  of  docks.  The  said  commissioner  of  street 
cleaning  is  hereby  authorized,  with  the  consent  and  approval 
of  the  board  of  sinking  fund  commissioners,  to  lease  a  suitable 
yard  or  yards  to  which  the  trucks,  carts,  wagons  and  vehicles, 
boxes,  bales,  barrels  and  other  things,  removed  under  the 


248 


LAWS  OF  NEW  YORK. 


authority  of  this  section,  shall  be  taken,  and  the  said  commis- 
sioner shall,  from  tmie  to  time,  as  often  as  he  shall  deem  neces- 
sary, sell,  or  cause  to  be  sold,  as  hereinafter  provided  at  public 
auction,  at  such  yard  or  yards,  the  said  trucks,  carts,  wagons, 
vehicles,  boxes,  barrels,  and  other  things  so  removed.  When- 
ever the  said  commissioner  or  deputv  commissioner  shall  have 
removed  or  caused  to  be  removed  any  such  trucks,  carts,  wag- 
ons, vehicles,  boxes,  barrels,  bales  or  other  things,  and  shall 
deem  it  necessary  to  sell  them,  and  before  making  the  sale 
thereof,  he  shall  file  with  a  justice  of  the  municipal  court  of 
The  City  of  New  York,  a  written  petition,  verified  by  oath, 
setting  forth  the  facts  which  bring  the  case  within  this  section, 
together  with  a  brief  description  of  each  of  the  trucks,  carts, 
wagons,  vehicles,  boxes,  barrels  or  other  things  so  removed 
in  his  custody  and  possession  as  street  cleaning  commissioner 
at  the  time  of  filing  such  petition,  stating  either  the  name  of 
the  owner  or  that  his  name  is  not  known  to  the  said  petitioners, 
and  can  not  be  ascertained  with  reasonable  diligence,  and  pray- 
ing for  a  final  order,  directing  the  sale  of  the  property  so  seized 
or  removed,  and  the  application  of  the  proceeds  thereof  as 
herein  prescribed;  and,  upon  the  presentation  of  said  petition 
the  justice  must  issue  a  precept  under  his  hand,  directed  to 
the  persons  whose  names  appear  in  the  said  petition  as  owners, 
if  stated  in  the  petition,  or  if  not  stated,  directed  generally  to 
all  persons  having  any  interest  in  the  property  so  seized  and 
removed,  and  briefly  reciting  in  substance  the  other  facts  stated 
in  the  petition,  and  requiring  the  person  or  persons  to  whom 
the  precept  is  directed  to  show  cause  before  a  justice  at  a  time 
and  place  specified  therein,  not  less  than  ten  nor  more  than 
twenty  days  after  the  issuing  of  the  precept,  why  the  prayer 
of  the  petition  should  not  be  granted.  The  said  precept  shall 
be  served  by  posting  a  copy  thereof  in  at  least  two  public  and 
conspicuous  places  in  said  city,  one  of  which  shall  be  the  office 
of  the  said  commissioner  of  street  cleaning,  and  the  second 
of  which  shall  be  the  yard  to  which  the  property  shall  have 
been  removed,  and  a  copy  of  which  precept  shall  be  so  posted 
within  three  days  after  the  precept  shall  have  been  issued,  and 
a  brief  abstract  of  said  precept  shall  be  published  in  the  City 
Record  and  corporation  newspapers  within  five  days  after  the 
issue,  and  not  later  than  three  days  before  the  return  day  men- 
tioned in  the  precept.  At  the  time  and  place  when  the  precept 
is  returnable,  the  said  commissioner  or  deputy  commissioner 
must  furnish  proof  of  the  service  of  said  precept  as  herein  pre- 
scribed, and  any  person  named  in  the  petition  and  precept  or 


CHARTER  OF  NEW  YORK  CITY. 


249 


otherwise,  having  an  interest  in  the  property  seized,  may 
appear  on  the  return  day  of  the  said  precept  and  make  himself 
a  party  to  the  proceeding  by  filing  a  written  answer,  subscribed 
bv  him  or  his  attorney,  and  verified  by  the  oath  of  the  person 
subscribing  it,  denying  absolutely,  or  upon  information  and 
belief,  one  or  more  material  allegations  in  the  petition,  and  set- 
ting forth  his  interest  in  the  property  seized.  The  subsequent 
proceedings  before  the  justice  shall  be  the  same  as  in  an  action 
in  the  municipal  court  where  an  issue  of  fact  has  been  joined, 
and  if  the  decision  of  the  justice  is  in  favor  of  the  petitioner, 
the  justice  must  make  a  final  order,  the  same  as  though  no 
appearance  or  trial  were  had,  except  to  recite  the  appearance 
and  trial  before  him.  If  no  person  appears  and  answers,  the 
justice  shall  make  a  final  order,  directed  to  the  commissioner 
of  street  cleaning,  commanding  him  to  sell,  at  public  auction, 
all  of  the  property  seized  and  described  in  the  petition,  at  the 
yard  to  which  said  property  was  removed,  for  the  best  price 
which  he  can  obtain  therefor.  Before  making  any  such  sale, 
the  said  commissioner  or  deputy  commissioner  shall  give  public 
notice  in  the  City  Record  and  corporation  papers,  as  by  this 
act  prescribed,  not  later  than  three  days  before  the  day  of  such 
sale,  and  such  notice  of  sale  shall  specify  the  time  and  place 
of  such  sale,  and  shall  contain  a  general  description  of  the 
property  to  be  sold,  but  no  particular  description  of  any  article 
shall  be  contained  therein.  The  sale  shall  be  made  at  the  time 
and  place  specified  in  said  notice  of  sale  by  the  commissioner 
or  deputy  commissioner,  or  by  an  auctioneer  designated  for 
such  sale  by  said  commissioner.  Immediately  after  such  sale, 
the  commissioner  of  street  cleaning  shall  pay  to  the  comptroller 
the  proceeds  of  such  condemnation  and  sale,  and  shall,  at  the 
same  time,  transmit  to  the  comptroller  an  itemized  statement 
of  the  articles  sold,  with  the  price  received  for  each  article  and 
a  certificate  of  the  costs  and  expenses  incurred  by  the  said 
commissioner  in  making  such  condemnation  and  sales.  The 
comptroller  shall  credit  and  add  to  the  appropriation  for  the 
department  of  street  cleaning  from  the  proceeds  of  such  sale 
the  amount  of  said  costs  and  expenses  of  such  condemnation 
and  sales,  as  hereinbefore  provided,  and  in  addition  thereto, 
such  an  amount  for  each  incumbrance  seized  or  taken,  con- 
demned and  sold,  as  hereinbefore  provided,  not  to  exceed  ten 
dollars,  as  may  be  estimated  and  fixed  by  the  commissioner 
of  street  cleaning  as  necessary  to  pay  the  cost  of  seizing, 
removing  and  keeping  or  storing  such  incumbrances ;  and  the 
remainder  of  the  moneys  realized  from  such  sale  shall  be  paid, 


250 


LAWS  OF  NEW  YORK. 


without  interest,  to  the  lawful  owners  of  the  several  articles 
sold.  Any  payment  to  a  person  apparently  entitled  thereto, 
under  the  provisions  of  this  section,  shall  be  a  good  defense 
to  the  city  against  any  other  person  claiming  to  be  entitled 
to  such  payment,  but  if  the  person  to  whom  such  payment  is 
made  is  not  in  fact  entitled  thereto,  it  shall  be  lawful  for  the 
person  or  persons  to  whom  the  same  ought  to  have  been  paid 
to  recover  the  same,  with  interest  and  costs  of  suit,  as  so  much 
money  had  and  received  to  his,  her  or  their  use  by  the  person 
or  persons  to  whom  the  same  shall  have  been  paid.  The  owner 
of  any  truck,  cart,  wagon,  vehicle,  box,  barrel,  bale  or  other 
thing  removed  from  any  public  street  or  place  under  the  provi- 
sions of  this  section,  may  redeem  his  property  at  any  time  after 
its  removal  upon  payment  to  the  commissioner  of  street  clean- 
ing of  such  sum  as  he  may  fix,  not  to  exceed  ten  dollars  for 
each  article  redeemed.  The  sum  thus  paid  shall  be  imme- 
diately transmitted  to  the  comptroller,  and  by  him  added  and 
credited  to  the  appropriation  for  the  department  of  street 
cleaning,  under  the  provisions  of  this  act,  and  may  be  used  by 
the  commissioner  for  any  of  the  purposes  of  said  department, 
as  if  originally  included  in  the  appropriation  thereof,  by  the 
board  of  estimate  and  apportionment.  Nothing  in  this  section 
contained  shall  be  deemed  to  authorize  the  summary  removal 
of  materials  for  any  public  work  or  improvement  in  course  of 
construction. 

Limitation  of  amount  of  expense  for  street  cleaning;  bonds  to  be 
issued  by  comptroller  for  purchase  of  plant. 

§  546.  In  no  case,  except  as  in  this  section  provided,  shall 
the  amount  expended  by  the  commissioner  of  street  cleaning 
or  the  presidents  of  the  boroughs  of  Queens  and  Richmond 
exceed  the  amount  appropriated  for  the  said  department  or 
boroughs  by  the  board  of  estimate  and  apportionment  and  the 
board  of  aldermen,  but,  for  the  more  effectual  carrying  out  of 
the  provisions  of  this  act,  the  said  commissioner  of  street 
cleaning  and  said  borough  presidents  may,  with  the  approval 
of  the  board  of  estimate  and  apportionment,  purchase  or 
construct  stock  or  plant,  including  houses,  dumping  boards  or 
places  or  buildings  or  structures  necessary  for  any  purpose 
pertaining  to  the  business  of  street  cleaning  of  durable  char- 
acter intended  to  be  used  for  a  term  of  years,  to  be  paid  for  by 
the  issue  and  sale  of  bonds.  If  the  necessary  cost  of  removing 
snow  or  ice  from  the  streets  and  avenues  shall,  in  any  one  year, 
exceed  the  amount  appropriated  therefor,  the  board  of  estimate 


CHARTER  OF  NEW  YORK  CITY. 


261 


and  apportionment  may  authorize  such  additional  expenditure 
as  may  be  required  for  the  removal  of  such  snow  or  ice  to  be 
paid  out  of  any  unexpended  balance  of  the  appropriation  made 
for  the  purposes  of  said  department ;  and  the  comptroller  shall 
raise  the  amount  of  such  additional  expenditure  by  the  issue 
and  sale  of  revenue  bonds,  and  shall  place  the  amount  so  raised 
to  the  credit  of  the  department  of  street  cleaning,  or  of  said 
borough  presidents,  as  the  same  may  have  been  apportioned  by 
the  board  of  estimate  and  apportionment  to  supply  the  amount 
of  the  deficiency  occasioned  by  such  additional  expenditure. 

Devolution  of  powers  of  former  boards. 

§  547.  All  the  powers  and  duties  conferred  upon  the  corpo- 
ration heretofore  known  as  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York,  or  upon  any  board  or  officer 
thereof,  or  upon  the  corporation  known  as  the  city  of  Brooklyn, 
or  upon  any  board  or  officer  thereof,  or  upon  the  corporation 
known  as  Long  Island  City,  or  upon  any  board  or  officer  there- 
of, and  upon  any  other  municipal  corporation,  town  or  village, 
within  the  county  of  Richmond,  or  within  so  much  of  the  terri- 
tory of  the  county  of  Queens  as  is  by  this  act  annexed  to  the 
municipal  corporation  known  as  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York,  and  consolidated  into 
the  municipality  known  as  The  City  of  New.  York,  relating 
in  any  way  to  the  sweeping  and  the  cleaning  of  the  streets, 
avenues,  highways,  boulevards,  squares,  lanes,  alleys  and  other 
public  places  of  the  city,  and  of  the  removal,  or  other  disposi- 
tion as  often  as  the  public  health  and  the  use  of  the  streets 
may  require,  of  ashes,  street  sweepings,  garbage  and  other 
light  refuse  and  rubbish,  and  of  the  removal  of  snow  and  ice 
from  leading  thoroughfares  and  from  such  other  streets  as  , 
may  be  found  practicable ;  of  the  removal  of  encumbrances ; 
of  the  issue  of  permits  to  builders  and  others  to  use  the  streets, 
avenues,  highways,  boulevards,  squares  and  public  places,  but 
not  to  open  them;  of  the  framing  of  regulations  controlling 
the  use  of  sidewalks  and  gutters  by  abutting  owners  and  occu- 
pants for  the  disposition  of  sweepings,  refuse,  garbage  or  light 
rubbish,  are  hereby  vested  in  The  City  of  New  York,  and  as 
matters  of  administration  devolved  upon  the  commissioner  of 
street  cleaning  of  said  city,  as  to  the  boroughs  of  Manhattan, 
The  Bronx  and  Brooklyn,  and  upon  the  presidents  of  Queens 
and  Richmond  as  to  those  boroughs,  to  be  by  them  executed 
pursuant  to  the  powers,  provisions  and  limitations  of  this 
act. 


252 


LAWS  OF  NEW  YORK. 


TITLE  4. 

Department  of  Bridges, 

Commissioner,  appointment  and  salary. 

§  594.  The  head  of  the  department  of  bridges  shall  be  called 
the  commissioner  of  bridges.  He  shall  be  appointed  by  the 
mayor  and  hold  office  as  provided  in  chapter  four  of  this  act. 
His  salary  shall  be  seven  thousand  five  hundred  dollars  a  year. 

Id.;  jurisdiction* 

§  595-  The  commissioner  of  bridges  shall  have  cognizance 
and  control : 

(1)  Of  the  management  and  maintenance  of  the  New  York 
and  Brooklyn  bridge. 

(2)  Of  the  operation  of  the  railroad  on  the  New  York  and 
Brooklyn  bridge. 

(3)  Of  the  collection  of  fares  and  of  tolls  on  the  New  York 
and  Brooklyn  bridge. 

(4)  Of  the  construction,  repair,  maintenance  and  manage- 
ment of  all  other  bridges,  that  may  at  any  time  hereafter  be 
constructed  in  whole  or  in  part  at  the  expense  of  The  City  of 
New  York,  or  that  may  be  acquired  by  said  city,  which  extend 
across  the  waters  of  a  navigable  stream,  or  have  a  terminus  in 
two  or  more  boroughs. 

(5)  Of  the  construction,  repair,  maintenance  and 
management  of  all  other  bridges  that  are  or  may  be  in  whole 
or  in  part  a  public  charge,  not  included  in  public  parks,  or 
within  the  control  of  a  president  of  a  borough,  within  the 
territory  of  The  City  of  New  York.  The  board  of 
commissioners  established  by  chapter  seven  hundred  and 
eighty-nine  of  the  laws  of  eighteen  hundred  and  ninety-five 
is  hereby  abolished,  and  all  its  powers  and  duties  are  hereby 
devolved  upon  the  commissioner  of  bridges  of  The  City  of 
New  York.  The  engineering  and  clerical  force  of  said  board 
is  hereby  transferred  to  the  department  of  bridges  of  The  City 
of  New  York;  provided,  however,  that  nothing  herein  con- 
tained shall  prevent  the  commissioner  of  bridges  from  abolish- 
ing unnecessary  offices  or  positions,  or  shall  in  any  way  limit 
his  powers  of  removal  as  determined  by  this  act. 

(6)  Of  the  construction,  repair,  maintenance  and  manage- 
ment of  all  tunnels  that  hereafter  may  be  constructed  in  whole 
or  in  part  at  the  expense  of  The  City  of  New  York  or  that 
may  be  acquired  by  said  city  which  extend  across  the  waters 


CHARTER  OF  NEW  YORK  CITY. 


253 


of  a  navigable  stream  or  have  a  terminus  in  two  or  more  bor- 
oughs; provided,  however,  that  nothing  in  this  section  con- 
tained shaU  in  any  way  hmit  or  affect  the  powers  now  pos- 
sessed by  the  board  of  rapid  transit  railroad  commissioners. 

Id.;  to  make  daily  report  to  comptroller. 

§  596.  The  said  commissioner  shall  keep  accurate  accounts 
of  all  moneys  received  or  collected  by  his  department  for  fares, 
tolls,  and  any  other  purpose,  in  such  form  as  the  comptroller 
of  the  city  or  the  ordinances  of  the  board  of  aldermen  shall 
require,  and  he  shall  pay  over  the  same  daily  to  the  cham- 
berlain and  make  a  daily  report  of  the  same  to  the  comp- 
troller. 

Persons  not  affected  by  passage  of  this  act;  exceptions. 

§  597.  The  engineers,  officers  and  subordinates,  with  the 
exception  of  the  attorneys  and  counsel,  of  the  New  York  and 
Brooklyn  bridge  in  office  or  employment  at  the  time  of  the 
passage  of  this  act  and  heretofore  appointed  by  the  trustees 
of  the  New  York  and  Brooklyn  bridge  shall  not  be  affected 
by  the  passage  of  this  act  so  far  as  their  positions  are  con- 
cerned, but  shall  continue  to  hold  such  places  and  positions 
under  the  commissioner  of  bridges,  subject  to  the  provisions 
of  this  act. 

The  New  York  and  Brooklyn  bridge,  a  public  highway. 

§  598.  The  New  York  and  Brooklyn  bridge  is  hereby  de- 
clared to  be  a  public  highway  for  the  purpose  of  rendering 
travel  between  the  boroughs  of  Manhattan  and  Brooklyn  cer- 
tain and  safe  at  all  times,  subject  to  such  tolls  and  prudential 

and  police  regulations  as  the  board  of  aldermen  shall  adopt 
and  prescribe;  provided,  however,  that  the  passageway  of  the 
bridge  now  set  apart  for  foot  passengers  shall  remain  free 
and  open  to  all  pedestrians  coming  or  going  at  all  times. 

Concurrent  jurisdiction  in  boroughs  of  New  York  and  Brooklyn  over 
crimes,  etc.,  committed  on  the  said  bridge. 

§  599-  Concurrent  jurisdiction  shall  be  possessed  by  all 
courts  located  in  the  borough  of  Manhattan,  and  by  all  courts 
located  in  the  borough  of  Brooklyn,  and  by  the  judicial  and 
administrative  officers  of  The  City  of  New  York,  over  all 
crimes  and  offenses,  committed  upon  said  bridge  and  upon 
any  other  bridge  that  may  hereafter  be  erected  between  the 


254 


LAWS  OF  NEW  YORK. 


two  boroughs.  It  shall  be  the  duty  of  the  said  commissioner 
of  bridges,  and  he  hereby  is  authorized  to  execute  the  ordi- 
nances of  the  board  of  aldermen,  relative  to  said  bridges  and 
to  have  in  immediate  charge,  the  control  and  disposition  of 
such  members  of  the  police  force  of  The  City  of  New  York, 
as  may  be  assigned  for  duty  in  his  department. 

Certain  acts  declared  to  be  misdemeanors;  penalties  for. 

§  600.  Any  person  wilfully  doing  any  injury  to  any  of  said 
bridges  or  any  of  their  appurtenances,  shall  forfeit  and  pay 
to  the  said  city  of  New  York  three  times  the  amount  of  such 
injury,  and  shall  be  deemed  guilty  of  a  misdemeanor,  and  be 
subject  to  a  penalty  not  exceeding  five  hundred  dollars,  and 
to  imprisonment  not  exceeding  six  months,  in  the  discretion  of 
the  court. 

Devolution  of  power  of  former  boards,  etc. 

§  601.  Upon  the  appointment  of  the  commissioner  of 
bridges,  the  respective  offices  of  the  trustees  of  the  New  York 
and  Brooklyn  bridge  shall  be  and  they  hereby  are  declared 
abolished  and  all  the  powers  and  duties  vested  in  and  devolved 
upon  said  trustees  of  the  New  York  and  Brooklyn  bridge  by 
any  law  or  statute  shall,  so  far  as  they  are  consistent  with  and 
conformable  to  the  provisions  of  this  act,  be  devolved  upon 
the  commissioner  of  bridges  of  The  City  of  New  York  and 
upon  the  board  of  aldermen,  and  they  shall  in  all  respects 
exercise  such  duties  and  perform  such  powers,  subject,  how- 
ever, to  the  provisions,  directions  and  limitations  of  this  act. 

CHAPTER  XII. 

Department  of  Parks. 

Title  I.  The  parks  of  the  city. 
Title  2.  The  art  commission. 

TITLE  I. 

The  Parks. 

Administrative  jurisdiction;  board;  president;  salaries. 

§  607.  The  head  of  the  department  of  parks  shall  be  called 
the  park  board.  Said  board  shall  consist  of  three  members 
who  shall  be  known  as  commissioners  of  parks  of  The  City 
of  New  York.    They  sh^ll  be  appointed  by  the  mayor  and 


CHARTER  OF  NEW  YORK  CITY.  255 

shall  hold  their  respective  offices  as  provided  in  chapter  four 
of  this  act.  One  of  said  commissioners  shall  be  the  presi- 
dent of  the  board,  and  shall  be  so  designated  by  the  mayor. 
In  appointing  such  commissioners,  the  mayor  shall  specify 
the  borough  or  boroughs  in  which  they  are  respectively  to 
have  administrative  jurisdiction,  to  wit :  one  in  the  boroughs 
of  Manhattan  and  Richmond:  one  in  the  borough  of  The 
Bronx,  and  one  in  the  boroughs  of  Brooklyn  and  Queens. 
The  principal  office  of  the  department  of  parks  shall  be  in  the 
borough  of  Manhattan.  There  shall  be  branch  offices  in  the 
boroughs  of  Brooklyn  and  The  Bronx.  The  salary  of  each 
of  said  commissioners  shall  be  five  thousand  dollars  a  year. 

Title  to  parks,  squares  and  public  places. 

§  608.  The  title  to  each  and  all  of  the  parks,  parkways, 
squares  and  public  places  comprised  within  and  belonging  to 
the  corporation  heretofore  known  as  the  mayor,  aldermen 
and  commonalty  of  The  City  of  New  York,  or  the  corpora- 
tion heretofore  known  as  the  city  of  Brooklyn,  or  the  corpo- 
ration heretofore  known  as  Long  Island  City,  or  the  county 
of  Kings,  or  the  county  of  Richmond,  or  which  are  owned 
by  the  county  of  Queens  and  are  comprised  within  that  por- 
tion of  said  county  which  is  included  in  The  City  of  New 
York,  as  constituted  by  this  act,  or  belonging  to  any  of  the 
subdivisions  of  said  counties,  is  hereby  vested  in  The  City  of 
New  York,  as  hereby  constituted. 

Gifts  of  real  and  personal  property* 

§  609.  Real  and  personal  property  may  be  granted,  de- 
vised, bequeathed  or  conveyed  to  The  City  of  New  York,  as 
constituted  by  this  act,  for  the  purposes  of  the  improvement 
or  ornamentation  of  the  parks,  squares,  or  public  places  in 
said  city,  or  for  the  establishment  or  maintenance,  within  the 
limits  of  any  such  park,  square,  or  public  place,  of  museums, 
zoological,  botanical,  or  other  gardens,  collections  of  natural 
history,  observatories,  or  works  of  art,  upon  such  trusts  and 
conditions  as  may  be  prescribed  by  the  grantors  or  donors 
thereof,  and  be  accepted  by  the  department;  and  all  property 
so  devised,  granted,  bequeathed,  or  conveyed,  and  the  rents, 
issues,  profits,  and  income  and  increase  thereof  shall  be  sub- 
ject to  the  management,  direction  and  control  of  the  com- 
missioner for  the  borough  or  boroughs  in  which  the  same  is 


256 


LAWS  OF  NEW  YORK. 


situated  or  to  which  it  appertains,  and  except  such  surplus 
animals  and  duplicate  specimens  as  the  park  board  may  deem 
it  judicious  to  dispose  of  by  sale  or  otherwise,  the  same  shall 
be  forever  properly  protected,  preserved  and  arranged  for 
public  use  and  enjoyment,  subject  to  such  rules  and  regula- 
tions as  the  park  board  may  prescribe;  provided,  however, 
that  whenever  the  park  board  shall  determine  to  discontinue 
the  maintenance  of  the  zoological  collection  in  Central  Park 
it  shall  be  lawful  for  said  board,  with  the  approval  of  the 
mayor  and  the  board  of  estimate  and  apportionment,  to  trans- 
fer such  collection  to  the  New  York  Zoological  Society.  I'he 
said  board  shall  hereafter,  with  its  annual  report,  make  a  state- 
ment of  the  condition  of  all  the  gifts,  devises  and  bequests  of 
the  previous  year,  and  of  the  names  of  the  persons  making  the 
same. 

General  powers  of  the  board;  ordinances. 

§  6io.  The  board  of  aldermen  shall  by  general  ordi- 
nances from  time  to  time  establish  all  needful  rules  and  regu- 
lations for  the  government  and  protection  of  the  public  parks 
and  of  all  property  placed  in  charge  of  the  park  board  and 
under  its  control  by  the  provisions  of  this  chapter,  and  the 
same  shall  at  all  times  be  subject  to  all  such  ordinances  as  to 
the  use  and  occupation  thereof  and  in  respect  to  any  erec- 
tions or  encumbrances  thereon.  The  park  board  shall  have 
power  to  establish  and  enforce  general  rules  and  regulations 
for  the  administration  of  the  department,  and,  subject  to  the 
ordinances  of  the  board  of  aldermen,  to  establish  and  enforce 
rules  and  regulations  for  the  government  and  protection  of 
the  public  parks  and  of  all  property  in  charge  of  said  board 
or  under  its  control,  which  rules  and  regulations  so  far  as 
practicable  shall  be  uniform  in  all  the  boroughs.  All  ordi- 
nances, rules  and  regulations  of  the  park  board  which  on  the 
first  day  of  January,  nineteen  hundred  and  two,  shall  be  in 
force  in  The  City  of  New  York,  are  hereby  continued  in  full 
force  and  effect  until  modified  or  repealed  by  the  establish- 
ment of  new  ordinances,  rules  or  regulations  as  herein  pro- 
vided. Any  person  violating  any  ordinances  relating  to  the 
parks  or  other  property  mentioned  in  this  section  shall  be 
guilty  of  a  misdemeanor  and  shall  on  conviction  before  a 
city  magistrate  be  punished  by  a  fine  not  exceeding  fifty  dol- 
lars, or  in  default  of  payment  of  such  fine  by  imprisonment 
not  exceeding  thirty  days. 


CHARTER  OF  NEW  YORK  CITY.  257 


Landscape  architect;  appointment  and  duties. 

§  6ii.  The  board  may  employ  when  thereto  authorized  by 
the  board  of  estimate  and  apportionment,  a  landscape  archi- 
tect, skilled  and  expert,  whose  assent  shall  be  requisite  to  all 
plans  and  works  or  changes  thereof  respecting  the  conforma- 
tion, development  or  ornamentation  of  any  of  the  parks, 
squares,  or  public  places  of  the  city,  to  the  end  that  the  same 
may  be  uniform  and  symmetrical  at  all  times.  It  shall  be  the 
duty  of  such  architect,  from  time  to  time,  to  prepare  and  sub- 
mit to  the  board,  or  to  any  commissioner,  as  he  may  deem 
proper,  or  as  he  may  be  requested  by  said  board  or  by  any 
commissioner,  plans  for  works  or  changes  thereof  respecting 
the  parks,  parkways,  squares  or  public  places  of  the  city. 

General  powers  of  commissioners  as  to  the  management  of  parks. 

§  6 1 2.  It  shall  be  the  duty  of  each  commissioner,  subject 
to  such  general  rules  and  regulations  as  shall  be  established 
by  the  board  and  in  conformity  therewith,  to  maintain  the 
beauty  and  utility  of  all  such  parks,  squares  and  public  places 
as  are  situated  within  his  jurisdiction,  and  to  execute  subject 
to  such  rules  and  regulations  all  measures  for  the  improve- 
ment thereof  for  ornamental  purposes  and  for  the  beneficial 
uses  of  the  people  of  the  city.  Subject  to  the  general  rules  and 
regulations  established  by  the  board,  each  commissioner  shall 
have  power  to  determine  the  line  or  curb  and  the  surface  con- 
struction of  all  streets  and  avenues  lying  within  a  distance  of 
three  hundred  and  fifty  feet  from  the  outer  boundaries  of  any 
park,  square  or  public  place  in  his  jurisdiction,  and  he  shall  also 
have  power  to  plant  trees  and  to  construct,  erect  and  establish 
seats,  drinking  fountains,  statues  and  works  of  art,  when  he 
may  deem  it  tasteful  or  appropriate  so  to  do,  on  any  part  of 
the  public  streets  and  avenues  within  such  environments,  sub- 
ject to  the  provisions  of  title  two  of  this  chapter,  and  to  deter- 
mine when  and  where  new  lamps  or  lighting  appliances  shall 
be  placed  and  lighted.  All  contracts  made  at  public  letting  by 
the  department  of  parks  shall  be  made  by  the  park  board. 

Maintenance  and  management  of  buildings  in  parks. 

§  613.  It  shall  be  the  duty  of  the  commissioner  for  the  bor- 
oughs of  Manhattan  and  Richmond  to  maintain  the  meteoro- 
logical and  astronomical  observatory,  the  Museum  of  Natural 
History,  the  Metropolitan  Museum  of  Art  in  Central  park,  the 
Aquarium  in  Battery  place,  and  such  other  buildings  as  now 


25d 


LAWS  OP  NEW  YORK. 


are  or  may  hereafter  be  erected  in  such  parks  or  in  any  other 
park,  square  or  public  place  under  his  jurisdiction  by  authority 
of  the  board  of  aldermen.  It  shall  be  the  duty  oi 
the  commissioner  for  the  boroughs  of  Brooklyn 
and  Queens  to  maintain  the  Brooklyn  Institute  of  Arts  and 
Sciences,  and  such  other  buildings  as  now  are  or  may  hereafter 
be  erected  m  any  park,  square  or  public  place  under  his  juris- 
diction by  authority  of  the  board  of  aldermen.  It 
shall  be  the  duty  of  the  commissioner  for  the  bor- 
ough of  The  Bronx  to  maintain  the  New  York  Botanical 
Garden  and  the  buildings  appurtenant  thereto,  and  such  other 
institutions  or  buildings  as  may  be  established  or  erected  in 
any  park,  square  or  public  place  in  his  jurisdiction  by  authority 
of  the  board  of  aldermen.  It  shall  be  the  duty  of 
the  several  commissioners  to  provide  the  necessary 
instruments,  furniture  and  equipments  for  the  several  build- 
ings and  institutions  within  their  respective  jurisdictions,  and, 
with  the  authority  of  the  board  of  aldermen,  to 
develop  and  improve  the  same,  and  to  erect  additional 
buildings ;  but  the  maintenance  of  all  such  buildings  and  insti- 
tutions shall  be  subject  to  the  provisions  of  the  acts  incor- 
porating said  institutions,  or  either  of  them,  and  the  acts 
amendatory  thereof,  and  to  the  powers  of  said  corporations 
thereunder,  and  of  the  boards  by  such  acts  created  or  provided 
for;  and  shall  also  be  subject  to  and  in  conformity  with  such 
contracts  and  agreements  as  have  heretofore  been  made  with 
such  institutions  respectively,  and  are  in  force  and  effect,  when 
this  act  takes  effect,  or  as  may  be  hereafter  made 
by  the  authority  of  the  board  of  aldermen,  and  no 
moneys  shall  be  expended  for  such  purposes  unless  an  appro- 
priation therefor  has  been  made  by  the  board  of  estimate  and 
apportionment  and  the  board  of  aldermen.  Out  of 
the  moneys  annually  appropriated  for  the  maintenance 
of  parks  each  commissioner  may  apply  such  sum  as 
shall  be  fixed  by  the  board  of  estimate  and  apportionment  for 
the  keeping,  preservation  and  exhibition  of  the  collections 
placed  or  contained  in  buildings  or  institutions  now  situated  or 
hereafter  erected  in  the  parks,  squares  or  public  places  under 
the  jurisdiction  of  such  commissioner. 

Appointment  of  subordinate  officers. 

§  614.  The  park  board  shall  have  power  to  appoint  a  secre- 
tary and  such  subordinate  officers  as  may  be  necessary  for  the 
proper  conduct  of  the  office  of  the  department.    Each  commis- 


CHAKTEK  OF  NEW  YORK  OITY. 


259 


sioner  shall  have  power  to  appoint  such  superintendents,  engi- 
neers, subordinates,  clerks  and  assistants  as  may  be  neces- 
sary for  the  efficient  performance  of  the  duties  of  the  de- 
partment respecting  the  parks,  squares  and  public  places 
within  his  jurisdiction  and  also  have  power  to  em- 
ploy all  of  the  mechanics,  agents  or  laborers  needed  or 
required  for  the  work  of  the  department  in  the  parks,  squares 
and  public  places  in  his  jurisdiction  within  the  limits  of  the 
proper  appropriation.  Each  commissioner  shall  have 
in  immediate  charge  the  control  and  disposition  of 
such  members  of  the  police  force  of  The  City  of  New 
York,  as  constituted  by  this  act,  as  may  be  assigned  for  duty 
in  the  parks,  squares  or  public  places  subject  to  his  jurisdiction. 

Permits  for  buildings  for  fire  apparatus. 

§615.  Each  commissioner  is  hereby  authorized  m  his  dis- 
cretion, on  the  application  in  writing  of  the  fire  commissioner, 
to  permit  a  building  or  buildings  for  fire  apparatus  to  be  placed 
in  any  of  the  parks,  squares  or  public  places  situated  within  the 
jurisdiction  of  such  commissioner  of  parks,  provided  the  said 
building  or  buildings  are  so  located  and  constructed  as,  in  the 
judgment  of  the  commissioner  granting  such  permission,  will 
not  disfigure  or  encumber  the  said  park,  square  or  public  place, 
or  interfere  with  the  purposes  of  public  use  and  recreation,  but 
will  tend  to  the  protection  of  the  public  and  their  property. 

General  powers  of  commissioners  under  former  acts. 

§  616.  The  park  board  shall  in  addition  to  the  powers, 
rights  and  duties  expressly  conferred  or  imposed  upon  it  by 
this  act,  possess  and  exercise  all  the  powers,  rights,  and  duties 
and  shall  be  subject  to  all  the  obligations  heretofore  vested  in, 
conferred  upon  or  required  of  the  corporation  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New  York, 
or  the  department  of  parks  in  said  city,  or  the  commissioners 
of  parks,  or  m  any  other  board,  body  or  officer  therein  or 
thereof,  or  any  commission,  commissioner,  body,  board  or 
officer  in  or  for  the  county  of  Richmond,  or  the 
corporation  known  as  the  city  of  Brooklyn,,  or  the  depart- 
ment of  parks  in  and  for  said  cit}'-,  or  the  commissioners  ot 
parks,  or  any  commission,  commissioner,  body,  board  or  of- 
ficer of  said  city  or  of  the  county  of  Kings,  or  any  commis- 
sioner, body,  board  or  officer  in  or  for  the  county  of  Queenb, 
so  far  as  such  powers,  rights,  duties  and  obligations  concerned 


260 


LAWS  OF  NEW  YORK. 


or  affected  the  control,  care,  management,  government,  ex- 
tension, maintenance  or  administrative  jurisdiction  of  the 
parks,  squares  and  other  pubHc  places  situated  or  lying 
within  The  City  of  New  York  as  constituted  by  this  act  or 
which  have  since  been  or  may  hereafter  be  opened  or  estab- 
lished therein,  so  far  as  the  same  are  not  inconsistent  with 
this  act.  Nothing  contained  in  this  section  shall  be  con- 
strued to  Hmit  the  administrative  control  of  the  several  com- 
missioners over  the  parks,  squares  or  public  places  situated 
or  lying  within  their  respective  jurisdictions. 

Accounts;  annual  estimates;  expenditures. 

§  617.  Each  commissioner  shall  keep  accurate  and  de- 
tailed accounts,  in  a  form  approved  by  the  comp- 
troller of  all  moneys  received  and  expended  by 
him,  the  sources  from  which  they  are  received  and  the 
purposes  for  which  they  are  expended.  Each  commissioner 
shall,  on  or  before  the  first  day  of  September  in  each  year 
prepare  an  itemized  estimate  of  his  necessary  expenses  for 
the  ensuing  fiscal  year  and  present  the  same  to  the  board. 
The  three  estimates  so  prepared,  as  revised  by  the  board, 
shall  together  constitute  the  annual  estimate  of  the  depart- 
ment of  parks,  and  shall  be  submitted  to  the  board  of  esti- 
mate and  apportionment  within  the  time  prescribed  by  this 
act  for  the  submission  of  estimates  for  the  several  depart- 
ments of  the  city.  No  commissioner  shall  incur  any  expense 
for  any  purpose  in  excess  of  the  amount  appropriated  there- 
for; nor  shall  he  expend  any  money  so  appropriated  for  any 
purpose  other  than  that  for  which  it  was  appropriated. 
It  shall  be  the  duty  of  the  board  of  estimate  and  apportion- 
ment and  of  the  board  of  aldermen  to  provide  in  the  annual 
budget  the  proportionate  part  of  the  appropriation  for  the 
department  of  parks  applicable  to  the  administration  of  each 
commissioner. 

Advertisements  for  supplies. 

§  618.  The  board  sliall  from  time  to  time  as  may  be  neces- 
sary, advertise  in  the  City  Record  and  corporation  newspa- 
pers for  not  less  than  ten  days,  for  the  proposals  for  such  arti- 
cles and  supplies  as  shall  be  necessary  to  be  used  in  the  parks, 
squares  and  public  places  of  the  city,  and  shall  award  con- 
tracts for  the  same  to  the  lowest  bidders,  who  shall  give  ade- 
quate security  for  the  faithful  performance  of  such  con- 


CHARTER  OF  NEW  YORK  CITY.  261 


tracts,  excepting  such  perishable  articles  as  may  be  excepted 
by  the  rules  and  regulations  of  the  board.  In  case  of  an 
emergency  each  commissioner  may  purchase  articles  imme- 
diately required  without  calling  for  competition  at  an  ex- 
pense not  exceeding  one  thousand  dollars  during  any  one 
month. 

Battery  place;  boat  landings. 

§  619.  The  commissioner  for  the  boroughs  of  Manhattan 
and  Richmond  shall  have  power  and  control  over  all  that  por- 
tion of  Battery  place  lying  south  of  the  line  of  the  south  side 
of  pier  number  one,  North  river,  and  west  of  the  easterly 
line  of  West  street,  extended  in  a  southerly  direction,  and 
also  over  the  waters  of  the  North  river  and  soil  under  the 
waters  thereof,  in  front  of  said  portion  of  Battery  place,  and 
to  the  extent  of  two  hundred  feet  westerly  from  the  westerly 
end  of  said  Battery  place ;  and  it  shall  be  lawful  for  such  com- 
missioner to  erect,  construct  and  maintain  on  said  part  of 
Battery  place,  and  over  or  on  the  lands  under  water  before 
mentioned,  suitable  buildings,  docks,  piers,  or  basins  for  the 
accommodation  of  small  boats  that  may  be  engaged  in  the 
business  of  attending  on  shipping  lying  in  the  said  river,  or 
the  bay  or  harbor  of  New  York,  and  also  to  make,  prescribe 
and  enforce,  from  time  to  time,  such  rules  and  regulations 
for  the  use  and  enjoyment  of  the  same,  as  to  the  commission- 
ers shall  seem  meet  and  proper  for  the  public  interest.  Such 
commissioner  may  also  prescribe  and  enforce  like  rules  and 
ordinances  for  the  control  and  government  of  all  small  boats 
frequenting  or  using  the  water  basin  at  the  south  end  of  the 
Battery. 

Harlem  river  improvement. 

§  620.  It  shall  be  the  duty  of  the  commissioner  for  the  bor- 
oughs of  Manhattan  and  Richmond  to  continue  and  complete 
every  and  all  plan  or  plans,  work  or  construction,  respecting 
the  improvement  of  Harlem  river,  heretofore  devolved  upon 
the  department  of  public  parks  of  the  corporation  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New  York, 
by  chapter  five  hundred  and  thirty-four  of  the  laws  of  eighteen 
hundred  and  seventy-one,  and  by  all  acts  or  parts  of  acts 
amendatory  thereof,  so  far  as  the  same  remain  to  be  continued 
and  completed  according  to  the  provisions  of  that  act  or  its 
amendments. 


26^ 


LAWS  OF  NEW  YORK. 


Metropolitan  Museum  of  Art. 

§  621.  The  commissioner  for  the  boroughs  of  Manhattan 
and  Richmond  is  hereby  authorized  and  directed  to  continue 
the  contract  with  the  MetropoHtan  Museum  of  Art  for  the 
occupation  by  it  of  the  buildings  erected  or  to  be  erected  on 
that  portion  of  the  Central  park  east  of  the  old  receiving  reser- 
voir, and  bounded  on  the  west  by  the  drive,  on  the  east  by  the 
Fifth  avenue,  on  the  south  by  a  continuation  of  Eightieth 
street,  and  on  the  north  by  a  continuation  of  Eighty-fifth 
street,  and  for  transferring  thereto  and  establishing  and  main- 
taining therein  its  museum,  library  and  collections,  and  carry- 
ing out  the  objects  and  purposes  of  the  said  Museum  of  Art. 

American  Museum  of  Natural  History. 

§  622.  The  commissioner  for  the  boroughs  of  Manhattan 
and  Richmond  is  hereby  authorized  and  directed  to  continue 
the  contract  with  the  American  Museum  of  Natural  History 
for  the  occupation  by  it  of  the  building  erected,  or  to  be 
erected,  on  that  portion  of  the  Central  park  formerly  known 
as  Manhattan  square,  and  for  establishing  and  maintaining 
therein  its  museums,  library  and  collections,  and  carrying  out 
the  objects  and  purposes  of  said  museum. 

New  York  Public  Library. 

§  623.  Whenever,  pursuant  to  lawful  authority,  the  land 
at  present  occupied  by  the  reservoir  at  Fifth  avenue  and 
Fortieth  and  Forty-second  streets  shall  be  made  a  public  park, 
and  the  removal  of  said  reservoir  shall  have  been  duly  author- 
ized and  directed,  the  commissioner  for  the  boroughs  of  Man- 
hattan and  Richmond  is  hereby  authorized  and  directed  to 
make  and  enter  into  a  contract  with  the  New  York  public 
library,  Astor,  Lenox  and  Tilden  foundations,  a  corporation 
duly  organized  under  the  laws  of  this  state,  for  the  use  and 
occupation  of  said  land,  or  of  any  part  thereof,  by  the  said 
corporation  and  its  successors,  for  establishing  and  maintain- 
ing thereon  a  free  public  library  and  reading  room,  and  for 
carrying  out  the  objects  and  purposes  of  said  corporation  in 
accordance  with  the  provisions  of  the  agreement  of  consolida- 
tion between  the  trustees  of  the  Astor  library,  of  the  Lenox 
library  and  of  the  Tilden  trust,  and  the  several  acts  incorporat- 
ing the  said  several  corporations;  and  said  contract  may 
provide  that  such  use  and  occupation  shall  continue  so  long 


CHARTER  OF  NEW  YORK  CITY. 


as  the  said  the  New  York  public  library,  Astor,  Lenox  and 
Tilden  foundations,  or  its  successors,  shall  maintain  such  free 
public  library  and  reading  room  upon  said  land. 

Brooklyn  Institute  of  Arts  and  Sciences. 

§  624.  The  commissioner  for  the  boroughs  of  Brooklyn  and 
Queens  is  hereby  authorized  and  directed  to  continue  the  con- 
tract and  lease  with  the  Brooklyn  Institute  of  Arts  and 
Sciences,  for  the  occupation  by  it  of  park  lands  and  of  a  build- 
ing or  buildings  erected  or  to  be  erected  on  that  portion  of 
Prospect  park  bounded  by  the  Eastern  parkway  on  the  north, 
Washington  avenue  on  the  east,  a  line  parallel  to  Old  President 
street,  and  one  hundred  feet  south  of  the  southerly  line  of 
said  street,  on  the  south,  and  on  the  west  by  the  easterly  line 
of  land  reserved  for  Prospect  Hill  reservoir,  and  in  continua- 
tion thereof,  for  establishing  and  maintaining  therein  its 
museum,  library  and  collections.  For  carrying  out  the  plans 
and  purposes  of  said  institute  and  for  the  maintenance  of  said 
museum  building  or  buildings,  and  for  the  keeping,  preserva- 
tion and  exhibition  of  collection's  placed  therein,  a  sum  not  less 
than  twenty  thousand  dollars  shall  be  appropriated  annually 
by  the  said  city  of  New  York,  as  constituted  by  this  act 

New  York  Botanical  Garden. 

§  625.  The  commissioner  for  the  borough  of  The  Bronx  is 
hereby  authorized  and  directed  to  carry  out  the  existing  con- 
tract made  by  and  between  the  department  of  parks  of  the 
corporation  heretofore  known  as  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York  and  the  board  of  mana- 
gers of  the  corporation  known  as  the  New  York  Botanical 
Garden  pursuant  to  the  provisions  of  chapter  two  hundred  and 
eighty-five  of  the  laws  of  eighteen  hundred  and  ninety-one, 
entitled  "  An  act  to  provide  for  the  establishment  of  a  botanic 
garden  and  museum  and  arboretum  in  Bronx  park  in  The  City 
of  New  York  and  to  incorporate  the  New  York  botanical 
garden  for  carrying  on  the  same,'*  as  amended  by  chapter  one 
hundred  and  three  of  the  laws  of  eighteen  hundred  and  ninety- 
four,  which  contract  provides  for  the  allotting  and  setting 
apart  for  the  uses  of  said  garden  of  two  hundred  and  fifty 
acres  of  land  or  less  in  the  northern  part  of  Bronx  park  as 
shown  upon  a  certain  map  thereof  numbered  five  hundred  and 
sixty-eight,  and  signed  by  Messrs.  Vaux  and  Parsons,  and 


264 


LAWS  OF  NEW  YORK. 


filed  with  the  former  department  of  public  parks  of  the  cor- 
poration known  as  the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York. 

New  York  Zoological  Garden. 

§  626.  The  commissioner  for  the  borough  of  The  Bronx  is 
hereby  authorized  and  directed  to  carry  out  the  contract  made 
by  and  between  the  department  of  public  parks  and  the  sinking 
fund  commissioners  of  the  corporation  heretofore  known  as 
the  mayor,  aldermen  and  commonalty  of  the  city  of  New  York, 
with  the  board  of  managers  of  the  corporation  known  as  the 
New  York  Zoological  Society,  pursuant  to  the  provisions  of 
chapter  four  hundred  and  thirty-five  of  the  laws  of  eighteen 
hundred  and  ninety-five,  entitled  An  act  to  incorporate  the 
New  York  Zoological  Society  and  to  provide  for  the  estab- 
lishment of  a  zoological  garden  in  the  city  of  New  York," 
if  such  a  contract  shall  have  been  entered  into  prior  to  the 
passage  of  this  act.  If  no  such  contract  shall  have  been 
entered  into  by  the  said  department  of  parks  and  the  said 
sinking  fund  commissioners  prior  to  the  passage  of  this  act, 
then  and  in  that  case  the  said  commissioner  for  the  borough 
of  The  Bronx,  with  the  consent  and  approval  of  the  sinking 
fund  commissioners  of  The  City  of  New  York,  as  constituted 
by  this  act,  is  hereby  authorized  to  enter  into  a  contract  in 
behalf  of  The  City  of  New  York  with  said  New  York  Zoo- 
logical Society  allotting  and  setting  apart  for  the  use  of  said 
society,  a  tract  of  land  in  Bronx  park  in  said  borough  of  The 
Bronx  upon  such  terms  and  conditions  as  shall  be  approved 
by  the  said  commissioner  and  said  sinking  fund  commissioners. 

Military  encampments  and  evolutions;  public  fairs. 

§  627.  No  military  encampment,  parade,  drill,  review,  or 
other  military  evolution,  or  exercise,  shall  be  held  or  per- 
formed in  any  park,  or  in  any  part  thereof  without  permit  from 
the  commissioner  within  whose  jurisdiction  such  park  is  situ- 
ated. No  military  officer  shall  have  authority  to  order,  di- 
rect or  hold  any  such  parade,  drill,  review,  or  other  evolu- 
tions or  exercise,  or  encampment  within  any  park,  except 
in  case  of  riot,  insurrection,  rebellion  or  war,  without  sucli 
permit.  It  shall  not  be  lawful  to  grant,  use  or  occupy,  for 
the  purposes  of  a  public  fair  or  exhibition,  any  portion  of 
any  park,  square  or  public  place. 


CHARTER  OF  NEW  YORK  CITY. 


265 


TITLE  2. 

^Art  Commission, 

Art  commission;  how  constituted. 

§  633.  There  shall  be  an  art  commission  for  The  City  of 
New  York,  composed  as  follows : 

1.  The  mayor  of  The  City  of  New  York,  ex  officio. 

2.  The  president  of  the  Metropolitan  Museum  of  Art,  ex 
officio. 

3.  The  president  of  the  New  York  Public  Library — 
(Astor,  Lenox  and  Tilden  foundations),  ex  officio. 

4.  The  president  of  the  Brooklyn  Institute  of  Arts  and 
Sciences,  ex  officio. 

One  painter,  one  sculptor  and  one  architect,  all  residents 
of  The  City  of  New  York ;  and  three  other  residents  of  said 
city,  none  of  whom  shall  be  a  painter,  sculptor  or  architect 
or  member  of  any  other  profession  in  the  fine  arts.  All  of 
the  six  last  mentioned  shall  be  appointed  by  the  mayor  from 
a  list,  of  not  less  than  three  times  the  number  to  be  appointed, 
proposed  by  the  Fine  Arts  Federation  of  New  York.  In  all 
matters  of  which  such  commission  takes  cognizance  pertain- 
ing to  work  under  the  special  charge  of  a  commissioner  or 
department,  the  commissioner  having  such  special  charge 
shall  act  as  a  member  of  the  commission. 

Members  of  commission;  how  chosen;  vacancies. 

§  634.  The  painter,  sculptor  and  architect,  members  of  the 
commission,  shall  choose  by  lot  one,  two  and  three  year 
terms  of  office;  the  three  other  appointed  members  of  the 
commission  shall  also  choose  by  lot  one,  two  and  three  year 
terms  of  office,  and  the  appointment  of  their  successors,  after 
the  expiration  of  the  first  year  of  this  commission,  shall  be 
for  a  term  of  three  years.  All  appointments  to  fill  vacancies 
shall  be  for  the  unexpired  term.  In  case  any  vacancy  shall 
occur  in  the  commission,  by  reason  of  death,  resignation,  in- 
capacity, refusal  to  serve,  or  otherwise,  the  vacancy  shall  be 
filled  by  appointment,  as  provided  in  section  six  hundred  and 
thirty-three  of  this  act.  In  case  the  Fine  Arts  Federation 
shall  fail  to  present  a  list  of  nominees  as  aforesaid  within 
three  months  from  the  time  when  any  appointment  is  to  be 
made,  the  mayor  shall  appoint  without  such  nomination. 


266 


LAWS  OF  NEW  YOKK. 


Officers. 

§  635.  The  commission  shall  serve  without  compensation 
as  such,  and  shall  elect  a  president,  vice-president  and  secre- 
tary from  its  own  members,  whose  terms  of  office  shall  be  for 
one  year  and  until  their  successors  are  elected  and  have  qual- 
ified. The  commission  shall  have  power  to  adopt  its  own 
rules  of  procedure.  Five  commissioner's  shall  constitute  a 
quorum. 

Offices  to  be  provided;  expenses,  how  met. 

§  636.  Suitable  offices  shall  be  provided  for  the  commis- 
sion by  the  board  of  estimate  and  apportionment.  The  ex- 
penses of  the  commission  shall  be  paid  by  the  city  and  the 
amount  of  the  same  shall  be  fixed  annually  by  the  board  of 
estimate  and  apportionment  and  the  board  of  aldermen. 

All  works  of  art  to  be  submitted  to  and  approved  by  the  commission. 

§  637.  Hereafter  no  work  of  art  shall  become  the  property 
of  The  City  of  New  York,  by  purchase,  gift  or  otherwise, 
unless  such  work  of  art  or  a  design  of  the  same,  together  with 
a  statement  of  the  proposed  location  of  such  work  of  art,  shall 
first  have  been  submitted  to  and  approved  by  the  commission ; 
nor  shall  such  work  of  art  until  so  approved  be  erected  or 
placed  in  or  upon,  or  allowed  to  extend  over  or  upon  any  street, 
avenue,  square,  common,  park,  municipal  building,  or  other 
public  place  belonging  to  the  city.  The  commission  may,  when 
they  deem  proper,  also  require  a  complete  model  of  the  pro- 
posed work  of  art  to  be  submitted.  The  term  "  work  of  art  " 
as  used  in  this  title  shall  apply  to  and  include  all  paintings, 
mural  decorations,  stained  glass,  statues,  bas  reliefs  or  other 
sculptures;  monuments,  fountains,  arches,  or  other  structures 
of  a  permanent  character  intended  for  ornament  or  commemo- 
ration. No  existing  work  of  art  in  the  possession  of  the  city 
shall  be  removed,  relocated  or  altered  in  any  way  without  the 
similar  approval  of  the  commission,  except  as  provided  in  sec- 
tion six  hundred  and  thirty-nine  of  this  act.  When  so 
requested  by  the  mayor  or  the  board  of  aldermen 
the  commission  shall  act  in  a  similar  capacity,  with 
similar  powers,  in  respect  of  the  designs  of  municipal  build- 
ings, bridges,  approaches,  gates,  fences,  lamps  or  other  struc- 
tures erected  or  to  be  erected  upon  land  belonging  to  the  city, 
and  in  respect  to  the  lines,  grades  and  plotting  of  public  ways 
and  grounds,  and  in  respect  of  arches,  bridges,  structures  and 


CHARTER  OF  NEW  YORK  CITY. 


267 


approaches  which  are  the  property  of  any  corporation  or  pri- 
vate individual,  and  which  shall  extend  over  or  upon  any  street, 
avenue,  highway,  park  or  public  place  belonging  to  the  city, 
and  said  commission  shall  so  act  and  its  approval  shall  be 
required  for  every  such  structure  which  shall  hereafter  be 
erected  or  contracted  for  at  an  expense  exceeding  one  million 
dollars.  But  this  section  shall  not  be  construed  as  intended 
to  impair  the  power  of  the  park  board  to  refuse  its  consent 
to  the  erection  or  acceptance  of  public  monuments  or  memo- 
rials or  other  works  of  art  of  any  sort  within  any  park,  square 
or  public  place  in  the  city. 

Time  for  decision  limited. 

§  638.  If  the  commission  shall  fail  to  decide  upon  any 
matter  submitted  to  it  within  sixty  days  after  such  submission, 
its  decision  shall  be  deemed  unnecessary. 

Removal  or  relocation  of  works  of  art;  duty  of  commission. 

§  639.  In  case  the  immediate  removal  or  relocation  of  any 
existing  work  of  art  shall  be  deemed  necessary  by  the  mayor, 
the  commission  shall  within  forty-eight  hours  after  notice 
from  him  approve  or  disapprove  of  such  removal  or  relocation, 
and  in  case  of  their  failure  so  to  act  within  forty-eight  hours 
after  the  receipt  of  such  notice,  they  shall  be  deemed  to  have 
approved  of  the  same. 

CHAPTER  XIII. 

Public  Charities. 

Title  I.  Department  of  Public  Charities. 
Title  2.  Bellevue  and  Allied  Hospitals  in  The  City  of  New 
[York. 

TITLE  I. 

'Department  of  Public  Charities, 
Commissioner  of  public  cliarities;  jurisdiction;  salary. 

§  658.  The  head  of  the  department  of  public  charities  shall 
be  called  the  commissioner  of  public  charities.  The 
terms  of  office  of  the  members  of  the  board  of  public  char- 
ities, except  the  president  thereof,  appointed  pursuant  to  the 
provisions  of  the  Greater  New  York  charter  shall  cease  and 


268 


LAWS  OF  NEW  YORK. 


determine  on  the  first  day  of  January,  nineteen  hundred  and 
two,  and  the  president. of  the  said  board  of  pubHc  charities 
shall  thereupon  become  the  commissioner  of  public  charities. 
The  salary  of  the  commissioner  of  public  charities  shall  be 
seven  thousand  five  hundred  dollars  a  year.  The  principal 
ofiice  of  the  department  shall  be  in  the  borough  of  Manhat- 
tan. There  may  be  a  branch  ofiice  in  each  of  the  other  bor- 
oughs. 

Rules  and  regulations;  subordinate  officers. 

§  659.  The  said  commissioner  shall  have  power  to  estab- 
lish general  rules  and  regulations  for  the  administration  of 
the  department  and  the  government  of  the  institutions  under 
its  jurisdiction  except  the  institutions  specified  in  section  six 
hundred  and  sixty-one  of  this  act,  and  except  as  provided  in 
title  two  of  this  chapter,  and  such  general  rules  and  regula- 
tions shall  be  so  far  as  practicable  uniform  in  all  the  bor- 
oughs. The  commissioner  shall  have  power  to  appoint  and 
in  his  discretion  to  remove  not  more  than  two  deputies,  to 
be  known  as  first  deputy,  and  second  deputy,  and  shall  define 
their  duties.  The  first  deputy  shall  during  the  absence  or 
disability  of  the  commissioner  possess  all  the  powers  and  per- 
form all  the  duties  of  the  commissioner  except  the  power  of 
making  appointments.  In  the  absence  or  disability  of  both 
the  commissioner  and  the  first  deputy,  the  second  deputy 
shall  possess  all  the  powers  and  perform  all  the  duties  of  the 
commissioner,  except  the  power  of  making  appointments. 
The  commissioner,  within  the  limits  of  his  appropriation, 
shall  have  power  to  appoint  and  remove  subject  to  the  re- 
quirements of  the  civil  service  laws  such  subordinate  officers 
and  assistants  as  may  be  necessary  for  the  efficient  perform- 
ance of  his  duties  as  said  commissioner. 

Public  institutions  under  the  jurisdiction  of  the  commissioneF. 

§  660.  The  commissioner  shall  have  jurisdiction  over,  and 
it  shall  be  his  duty  to  take  charge  of  and  to  establish  and 
enforce  rules  and  regulations  for  all  hospitals,  asylums,  alms- 
houses and  other  institutions  belonging  to  or  hereafter 
acquired  or  established  by  The  City  of  New  York,  which  are 
or  shall  be  devoted  to  the  care  of  the  feeble-minded,  the  sick, 
the  infirm  and  the  destitute;  except  the  island  known 
as  Ward's  Island  and  the  buildings  and  improve- 
ments    thereon,     and     the     equipment,     fixtures  and 


OHARTEK  OF  NEW  YORK  CITY. 


260 


furniture  of  the  asylums  for  the  msane  on  said 
island  during  the  continuance  of  the  lease  thereof  hereto- 
fore made  by  The  City  of  New  York  to  the  State  of  New 
York,  and  except  the  hospitals  specified  in  title  two  of  this 
chapter  and  such  other  institutions  as  are  by  law  placed  under 
the  charge  of  some  other  department  or  board.  Such  build- 
ings and  grounds  on  Blackwell's  Island  as  are  now  used  for 
the  care  of  the  insane  pursuant  to  the  provisions  of  chapter 
two  of  the  laws  of  eighteen  hundred  and  ninety-six  shall,  when 
the  insane  shall  have  been  removed  therefrom,  and  the  build- 
ings and  grounds,  together  with  the  equipments,  fixtures  and 
furniture  of  the  buildings  now  leased  to  the  state  by  the 
county  of  Kings  for  the  care  of  the  insane^  when  said  lease 
expires,  shall  be  under  the  jurisdiction  of  the  commissioner  of 
public  charities. 

Payments  to  private  institutions. 

§  66 1.  No  payment  shall  be  made  by  the  city  of  New  York 
to  any  charitable,  eleemosynary  or  reformatory  institution 
wholly  or  partly  under  private  control,  for  the  care,  support, 
secular  education,  or  maintenance  of  any  child  surrendered  to 
such  institution,  or  committed  to,  received  or  retained  therein 
in  accordance  with  sections  six  hundred  and  sixty-four,  six 
hundred  and  sixty-five,  six  hundred  and  sixty-six  and 
six  hundred  and  sixty-seven  of  this  act,  except  upon 
the  certificate  of  the  commissioner  of  public  charities 
that  such  child  has  been  received  and  is  retained 
by  such  institution  pursuant  to  the  rules  and  regulations 
established  by  the  state  board  of  charities.  Moneys  paid 
by  The  City  of  New  York  to  any  such  institution  for  the  care, 
support,  secular  education  or  maintenance  of  its  inmates  shall 
not  be  expended  for  any  other  purpose.  Whenever  the  com- 
missioner shall  decide,  after  reasonable  notice  to  the  institution 
and  a  hearing,  that  any  such  child  as  aforesaid  who  is  received 
and  retained  in  such  institution  is  not  a  proper  charge  against 
the  public,  and  notice  of  such  decision  in  writing  is  given  by  him 
to  such  institution,  thereupon  all  right  on  the  part  of  said  insti- 
tution to  receive  compensation  from  the  city  for  the  further 
retention  of  the  child  shall  cease.  He  shall  file  in  the  office  of 
the  department  a  statement  of  the  reasons  for  his  decision  and 
of  the  facts  upon  which  it  is  founded,  and  shall  furnish  a  copy 
to  the  institution  where  the  child  is  detained.  His  decision 
may  be  reviewed  on  certiorari  by  the  supreme  court. 


270 


LAWS  OF  NEW  YORK. 


Powers  of  the  commissioner  as  to  destitute  and  other  persofM. 

§  662.  The  commissioner  of  public  charities  shall  have  all 
the  authority  concerning  the  care,  custody  and  disposition 
of  insane,  feeble-minded,  sick,  infirm  and  destitute  persons 
heretofore  conferred  upon  the  board  of  public  charities  and 
upon  the  several  commissioners  of  public  charities  and  he 
shall  be  subject  to  the  same  obligations  and  discharge  the 
same  duties  in  respect  to  such  persons,  except  in  so  far  as 
the  same  are  inconsistent  with  or  are  modified  by  this  act 
and  the  amendments  thereof.  The  commissioner  shall  be 
the  overseer  of  the  poor  of  The  City  of  New  York,  as  con- 
stituted by  this  act.  The  commissioner  shall  not  have 
power  to  dispense  any  form  of  outdoor  relief  except  as  ex- 
pressly provided  in  this  chapter,  but  the  commissioner  shall 
have  power  to  pay  for  the  cost  of  the  removal  or  transporta- 
tion of  any  person  who  may  come  under  his  charge  whenever 
in  his  judgment  the  city  will  thereby  be  relieved  from  an  un- 
necessary or  improper  charge.  The  commissioner  shall 
make  provision  for  the  temporary  care  of  vagrant 
and  indigent  persons,  and  shall  provide  for  an  investigation 
into  the  circumstances  of  all  such  persons,  and  shall  cause  every 
person  who  is  found  upon  investigation  to  be  a  vagrant,  to 
be  brought  before  a  magistrate  pursuant  to  law.  The  board 
of  estimate  and  apportionment  and  the  board  of  aldermen 
shall  in  each  year  appropriate  such  sum  as  in  their  judgment 
may  be  necessary  to  carry  out  the  provisions  of  this  section. 

Classification  and  instruction  of  inmates. 

§  663.  It  shall  be  the  duty  of  the  commissioner  of  public  * 
charities  to  investigate  the  circumstances  of  every  person 
admitted  to  an  institution  under  his  charge  and  of  the  near 
relatives  of  such  person.  Such  investigation  shall  be  made, 
when  practicable,  before  the  admission  of  such  person,  and  the 
results  of  investigation  shall  be  placed  on  file  and  preserved 
with  the  records  of  the  department.  It  shall  be  the  duty 
of  the  commissioner  to  cause  all  the  inmates  of  public 
institutions  under  his  charge  to  be  classified  so  far  as  prac- 
ticable. The  inmates  of  the  almshouse  or  almshouses  shall 
be  classified  at  the  time  of  their  admission  upon  the  basis  of 
previous  character  and  conduct,  but  such  inmates  may  be  trans- 
ferred or  reclassified  in  accordance  with  their  conduct  in  the 
institution.  Every  inmate  of  the  almshouse  whose  age  and 
health  will  permit  shall  be  employed  in  cultivating  the  ground 


CHARTER  OF  NEW  YORK  CITY. 


271 


under  the  control  of  the  commissioner,  or  in  manufacturing 
such  articles  as  may  be  required  for  ordinary  use  in  the  public 
institutions  under  the  control  of  the  commissioner,  or  for  the 
use  of  any  department  of  The  City  of  New  York,  or  in  pre- 
paring and  building  sea  walls  upon  islands  or  other  places 
belonging  to  the  city,  or  such  mechanical  or  other  labor  as 
shall  be  found  from  experience  to  suit  the  capacity  of  the 
individual.  The  articles  raised  or  manufactured  by  such  labor 
shall  be  subject  to  the  order  of,  and  shall  be  placed  under  the 
control  of  the  commissioner,  and  all  such  articles  shall  be 
utilized  so  far  as  practicable  in  the  public  institutions  under  the 
charge  of  the  department  of  charities  or  in  some  otlier  depart- 
ment of  the  city.  All  the  land  under  the  jurisdiction  of  the 
commissioner,  not  otherwise  occupied  or  utilized,  and  which 
is  capable  of  being  cultivated,  shall,  in  the  discretion  of  said 
commissioner,  be  used  for  agricultural  purposes.  The  com- 
missioner, within  the  limits  of  his  appropriation,  may  estab- 
lish and  maintain  in  the  public  institutions  under  his  charge 
such  schools  or  classes  for  the  instruction  and  training  of  in- 
mates as  may  in  his  opinion  be  desirable. 

Powers  of  the  commissioner  as  to  destitute  and  other  children. 

§  664.  The  commissioner  of  public  charities  shall  have 
power  to  commit,  to  indenture,  place  out,  discharge,  or 
transfer  any  child  who  may  be  in  his  custody,  or  who  may 
have  been  placed  by  him  in  an  institution  as  a  public  charge, 
whenever  in  his  judgment  it  shall  be  for  the  best  interests  ol 
such  child  so  to  do,  and  he  and  his  successors  in  office  shall 
have  power  to  revoke  and  cancel  any  such  indenture  or 
agreement,  and  to  make  contracts  for  the  maintenance  o^ 
any  such  child;  in  placing  out  or  indenturing  such 
children  the  commissioner  may  assign  one  or  more  of  his 
subordinates  to  make  the  necessary  investigations  and  he 
may  employ  any  duly  incorporated  charitable  institution  or 
society  and  may  reimburse  such  institution  or  society  for 
any  expenses,  other  than  salaries,  actually  incurred  in  the 
placing  out,  supervision  and  transfer  if  necessary,  of  children 
who  are  public  charges.  The  word  institution,  whenever 
used  in  this  chapter,  shall  include  any  charitable  corporation, 
one  of  whose  objects  is  the  care  of  children  or  the  placing 
of  children  in  families.  An  institution  to  which  a  child  has 
been  committed,  as  herein  provided,  shall  have  the  autliority 
to  place  such  child  in  a  family,  or  bind  out  such  child 


272 


LAWS  OF  NEW  YOKK. 


by  indenture,  or  consent  to  his  adoption.  In  indentur- 
ing, placing  out,  transferring  or  committing  any  such 
child  the  commissioner  or  any  institution  or  society  em- 
ployed by  him  shall,  when  practicable,  indenture  or  place 
out  such  child  with  an  individual  of  the  Hke  religious  faith  as 
the  parents  of  such  child,  or  transfer  or  commit  such  child 
to  an  institution  governed  by  persons  of  the  same  religious 
faith  as  that  of  the  parents  of  such  child.  In  respect  to  such 
minors  so  committed  to  or  otherwise  placed  under  his 
charge  the  commissioner  shall  have  such  additional 
powers  as  were  on  the  first  day  of  January,  eighteen 
hundred  and  ninety-eight  vested  by  law  in  the  cor- 
responding officers  of  the  corporation  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New  York,  of  the 
corporation  known  as  the  city  of  Brooklyn,  and  of  the  coun- 
ties of  Kings,  Richmond  and  Queens  mentioned  in  section  six 
hundred  and  sixty-two  of  this  act.  The  commissioner  shall  not 
commit  children  to  any  institution  which  shall  have  been  certi- 
fied by  the  state  board  of  charities  to  have  failed  to  comply  with 
the  rules  and  regulations  established  by  that  board  pursuant 
to  section  fourteen  of  article  eight  of  the  constitution,  nor 
shall  he  commit  any  child  to  any  institution  not  situated  in 
The  City  of  New  York  unless  such  institution  shall  have 
been  certified  by  said  board  to  be  properly  protected  from 
fire  and  other  dangers. 

Notice  of  commitment  of  children. 

§  665.  Whenever  any  child,  actually  or  apparently,  under 
the  age  of  sixteen  years,  is  brought  before  any  court  or  mag- 
istrate in  The  City  of  New  York,  as  constituted  by  this  act, 
pursuant  to  section  eight  hundred  and  eighty-eight  of  the 
code  of  criminal  procedure,  or  is  found  destitute  of  means 
of  support  the  magistrate  presiding,  or  court  before  whom 
or  which  such  child  is  brought  shall  thereupon  fix  a  day  not 
more  than  five  days  distant  for  the  hearing  and  final 
disposition  of  the  charge  against  said  child,  and  shall,  at  the 
same  time,  in  addition  to  such  other  notices  as  may  be  re- 
quired by  law,  give  notice,  in  writing,  of  such  arrest  to  the 
commissioner  of  public  charities  and  to  the  Society 
for  the  Prevention  of  Cruelty  to  Children  duly  au- 
thorized to  carry  on  its  work  in  the  county  in 
which  said  arrest  is  made,  which,  notice  shall  state 
the  name  of  the  child,  its  age,  either  actual  or  apparent,  its 


chaktj:k  of  new  yokk  city. 


27a 


sex,  color,  birthplace,  residence,  father's  name,  mother's 
name,  parents'  religion  and  parents'  occupation,  each  if 
known;  the  specific  charge  upon  which  the  arrest  is  made; 
the  name  of  the  officer  making  the  arrest,  and  the  name  and 
address  of  the  complaining*  witness,  if  any  there  be.  And 
such  court  or  magistrate  may  temporarily  commit  such  child 
to  the  custody  and  care  of  an  institution  to  which  said  court 
or  magistrate  is  authorized  by  law  to  make  final  commit- 
ment. 

Children  committed  as  public  charges;  investigation. 

§  666.  The  commissioner  may  appear  either  by  clerk  or  by 
counsel  on  all  hearings  or  proceedings  for  the  commitment  of 
children.  He  shall  investigate  the  circumstances  of  their 
relatives,  whose  duty  it  is  to  relieve  and  maintain  them,  and 
shall  on  or  before  the  final  hearing  therein,  file  with  the  court 
or  magistrate  a  statement  in  writing  of  such  fact  or  facts  as 
in  the  opinion  of  the  commissioner  render  it  proper  or  im- 
proper that  such  child  should  be  supported  as  a  public  charge 
at  the  expense  of  the  city;  and  such  written  statement  of 
fact  or  facts  when  so  filed  shall  be  preserved  with  and  form 
a  part  of  the  record  of  the  proceedings  instituted  by  the  ar- 
rest of  such  child.  Omission  or  failure  to  file  such  state- 
ment shall  not  be  ground  for  delaying  the  final  decision. 

Term  of  commitment  of  children;  discharge. 

§  667.  The  term  of  commitment  of  each  child  committed 
in  The  City  of  New  York,  as  constituted  by  this  act,  under 
any  of  the  provisions  of  section  six  himdred  and  sixty-four, 
six  hundred  and  sixty-five,  and  six  hundred  and  sixty-six  of 
this  act  shall  be  until  such  child  shall  attain  the  age  of  sixteen 
years  or  until  it  shall  be  duly  indentured  or  placed  out  as  an 
apprentice  by  the  institution  to  which  it  shall  have  been  com- 
mitted, or  until  it  shall  be  given  over  in  adoption  by  said 
institution  to  some  suitable  person,  or  until  returned  to  its 
parents,  relatives,  or  guardians,  or  otherwise  discharged. 
Each  institution  mentioned  in  section  six  hundred  and  sixty- 
one  of  this  act,  shall  file  with  the  commissioner,  at  the 
end  of  every  three  months  a  list  of  all  the  children 
referred  to  in  sections  six  hundred  and  sixty-one,  six  hun- 
dred and  sixty-four,  six  hundred  and  sixty-five  and  six  hun- 
dred and  sixty-six  of  this  act,  received  by  or  discharged  from 
said  institution  during  the  month,  which  list  shall  contain  the 


274 


LAWS  OF  NEW  YORK. 


names  and  residence  of  the  parents  and  guardians  of  the 
children  as  far  as  known.  Every  s:ich  institution  shall  keep 
a  book  in  which  it  shall  cause  to  be  entered  the  name  and 
address  of  each  parent,  relative  or  other  person  visiting  an 
inmate  of  such  institution  who  is  in  whole  or  in  part  a  charge 
upon  The  City  of  New  York,  and  such  name  and  address 
shall  be  entered  upon  the  occasion  of  each  visit  by  any  such 
person. 

Saving  clause  as  to  certain  existing  laws. 

§  668.  Nothing  contained  in  the  foregoing  sections  shall 
be  construed  to  alter  or  affect  any  provision  of  chapter  one 
hundred  and  seventy-two  of  the  laws  of  eighteen  hundred 
.  and  sixty-five,  or  of  chapter  four  hundred  and  thirty-nine  of 
the  laws  of  eighteen  hundred  and  ninety-two,  or  of  chapter 
three  hundred  and  fifty-three  of  the  laws  of  eighteen  hundred 
and  eighty-six. 

Record  of  inmates  of  institutions. 

§  669.  It  shall  be  the  duty  of  the  commissioner  of 
public  charities  to  keep  and  preserve  a  proper  record  of  all 
persons  who  shall  come  under  his  care  or  custody  and  of  the 
disposition  made  of  such  persons,  with  full  particulars  as  to 
the  name,  age,  sex,  color  and  nativity  of  each,  and  in  case  of 
minors  the  names  and  residence  of  parents  and  their  re- 
ligious faith  so  far  as  ascertained,  and  the  religious  faith,  and 
residence  of  the  persons  or  families  with  whom  or  of  the 
persons  in  charge  of  the  institution  in  which  they  are  placed, 
together  with  copies  of  any  instrument  of  indenture  or 
agreement  executed  by  such  commissioner.  And  it  shall 
also  be  the  duty  of  the  commissioner  to  keep  and  preserve 
such  records  of  all  persons  who  are  inmates  of  private  insti- 
tutions, who  are  accepted  by  him  as  proper  charges  upon 
the  city. 

Temporary  care  in  accident  cases. 

§  670.  Any  person  injured  or  taken  sick  on  the  streets  or 
in  any  public  place  within  said  city,  who  may  not  be  safely 
removed  to  his  or  her  home,  may  be  sent  to  and  shall  be  re- 
ceived in  any  public  hospital  within  said  city,  for  temporary 
care  and  treatment,  irrespective  of  his  or  her  place  of  resi- 
dence. 


CHARTER  OF  NEW  YORK  CITY. 


275 


Temporary  care  of  the  insane. 

§  671.  The  commissioner  shall  provide  and  maintain 
as  may  be  necessary  suitable  rooms  or  wards  for  the 
reception,  medical  examination  and  temporary  care  of  per- 
sons alleged  to  be  insane  for  the  boroughs  other  than  Man- 
hattan and  The  Bronx, 

Alteration  and  repair  of  buildings. 

§  672.  The  commissioner,  whenever  the  increase  of  in- 
mates in  or  the  proper  care  and  government  of  the  public 
institutions  or  establishments  under  his  jurisdiction  shall  in 
his  judgment  render  it  necessary  or  expedient,  shall  have 
power  provided  an  appropriation  has  been  made  therefor  to 
enlarge  or  alter  the  buildings  occupied  by  such  institutions 
or  establishments  or  any  of  them,  and  to  make  all  needful 
repairs  to  buildings  and  property  under  his  control. 

Potter's  field;  power  to  establish  crematories. 

§  673.  The  commissioner  shall  have  charge  of  the  Potler's 
Fields,  and  shall^  when  the  necessity  therefor  shall  arise,  have 
power  to  lay  out  additional  Potter's  Fields  or  other  public 
burial  place  for  the  poor  and  strangers,  and  from 
time  to  time  to  enclose  and  extend  the  same,  to 
make  enclosures  therein  and  to  build  vaults  therein, 
and  to  provide  all  necessary  labor  therefor  and  for 
interments  therein.  Provided,  however,  that  the  Pot- 
ter's Field  on  Hart's  Island  shall  remain  under  tlie  con- 
trol of  the  department  of  correction,  and  the  burial  of  de- 
ceased paupers  therein  shall  continue  under  rules  and  regu- 
lations as  provided  in  section  six  hundred  and  ninety-five  of 
this  act.  The  commissioner  of  public  charities  and  the  com- 
missioner of  correction  are  respectively  empowered  to  cause 
to  be  cremated  the  bodies  of  deceased  paupers  and  criminals 
where  relatives  do  not  object  to  such  cremation ;  and  the  board 
of  estimate  and  apportionment,  with  the  approval  of  the  board 
of  aldermen,  may  cause  to  be  erected  and  equipped  proper 
facilities  for  such  cremation. 

Accounts;  annual  estimates;  expenditures, 

§  674.  The  commissioner  shall  keep  accurate  and  detailed 
accounts,  in  a  form  approved  by  the  comptroller,  of  all 
moneys  received  and  expended  by  him,  the  sources  from  which 


276 


LAWS  OF  NEW  YORK. 


they  are  received  and  the  purposes  for  which  they  are  ex-, 
pended.  The  commissioner  shall,  on  or  before  the  first  day 
of  September  in  each  year,  prepare  an  itemized  estimate  of  his 
necessary  expenses  for  the  ensuing  fiscal  year,  which  shall  be 
sul)mitted  to  the  board  of  estimate  and  apportionment  within 
the  time  prescribed  by  this  act  for  the  submission  of  estimates 
for  the  several  departments  of  the  city.  The  commissioner 
shall  incur  no  expense  for  any  purpose  in  excess  of  the 
amount  appropriated  therefor ;  nor  shall  he  expend  any  money 
so  appropriated  for  any  purpose  other  than  that  for  which  it 
was  appropriated. 

Advertisements  for  supplies. 

§675.  The  commissioner  of  public  charities  shall,  from 
time  to  time,  as  may  be  necessary,  advertise  in  the  City 
Record  and  the  corporation  newspapers  for  not  less  than  ten 
days  for  proposals  for  such  articles  and  supplies  as  shall  be 
necessary  to  be  used  in  and  for  the  relief  and  support  of  the 
poor  of  the  city,  and  which  cannot  be  supplied  by  his  depart- 
ment or  by  the  department  of  correction,  and  shall  award 
contracts  for  the  same  to  the  lowest  bidders,  who  shall  give 
adecjuate  security  for  the  faithful  performance  of  such  con- 
tracts. In  case  of  an  emergency  or  in  the  purchase  of  perish- 
able articles  the  commissioner  may  purchase  without  calling 
for  competition  at  a  total  expense  not  exceeding  three  thou- 
sand dollars  during  any  one  month.  The  commissioner  shall 
in  the  case  of  each  such  purchase  enter  in  a  book  ro  be  kept 
for  that  purpose,  a  detailed  statement  of  the  facts  which 
render  purchase  by  contract  impracticable. 

Expenditures  for  the  relief  of  the  blind. 

§  676.  The  commissioner  is  hereby  authorized  and  em- 
powered to  insert  in  his  annual  estimate  of  expendi- 
tures an  item  of  expenditure  for  the  relief  of  the 
poor  adult  blind  not  to  exceed  in  all  seventy-five 
thousand  dollars.  The  commissioner  shall  distribute 
the  sum  so  appropriated  each  year  in  uniform  sums 
not  to  exceed  one  hundred  dollars  to  any  one  person,  to  sucn 
poor  adult  blind  persons,  not  inmates  of  any  of  the  public  or 
private  institutions  in  The  City  of  New  York,  who  shall  be 
in  need  of  relief  and  who  shall  be  citizens  of  the  United  States, 
and  shall  have  been  residents  of  said  city  continuously  for 
two  years  previous  to  the  date  of  application  for  such  relief. 


CHARTER  OF  NEW  YORK  CITY. 


277 


Detail  of  inmates  of  correctional  institutions  to  work  in  department. 

§  677.  The  commissioner  may,  from  time  to  time,  in  his 
discretion,  request  the  department  of  correction  to  detail 
and  designate  inmates  of  the  correctional  institutions  of  the 
city  to  perform  necessary  work,  labor  and  services  in  and 
upon  the  grounds  and  buildings  which  are  under  the  charge  of 
the  said  commissioner,  and  such  inmates  of  such  correctional 
institutions  when  so  employed  shall  at  all  times  be  under  the 
personal  oversight  and  direction  of  a  keeper  or  keepers  from 
such  correctional  institutions  as  the  department  of  correction 
may  deem  necessary;  but  no  inmate  of  any  correctional  insti- 
tution shall  be  employed  in  any  capacity  whatever  in  any 
ward  of  any  hospital  under  the  jurisdiction  of  the  department 
of  public  charities  while  such  ward  is  being  used  for  hospital 
purposes.  The  provisions  of  this  section  shall  not  be  con- 
strued to  limit  the  power  of  said  commissioner  to  make 
requisition  upon  the  commissioner  of  correction  as  provided 
by  section  seven  hundred  and  one  of  this  act. 

Care  of  non=residents  in  city  hospitals. 

§  678.  The  commissioner  of  public  charities  is  hereby 
authorized  in  his  discretion  to  permit  the  reception  and 
treatment  in  hospitals  under  his  jurisdiction  of  persons 
who  do  not  reside  in  The  City  of  New  York,  provided 
that  every  person  so  receiving  treatment  shall  be  required  to 
pay  such  sum  for  board  and  attendance  as  may  be  fixed  1)y 
such  commissioner,  and  provided  that  no  such  persons  shall 
be  received  to  the  exclusion  of  patients*  who  reside 
in  said  city.  Such  commissioner  shall  collect  and  pay 
over  all  such  moneys  to  the  chamberlain  once  every  month, 
and  the  amount  so  collected  shall  be  paid  into  the  general 
fund.  The  commissioner  shall  upon  making  such  payments 
to  the  chamberlain  report  the  same  to  the  comptroller  of  The 
City  of  New  York. 

Requisitions  of  subordinate  officers. 

§  679.  Each  superintendent,  warden  or  chief  ofiPicer  of  every 
institution  under  the  charge  of  the  commissioner  shall 
make  his  requisition  in  writing  on  the  commissioner 
for  all  articles  deemed  necessary  by  the  said  ofificer  to  be  used 
in  the  respective  institutions  under  his  charge,  and  shall  keep 
an  accurate  account  of  the  same. 


278 


LAWS  OF  NEW  YORK. 


Reports  of  subordinate  officers. 

§  680.  Each  such  superintendent,  warden  or  other  chief  offi- 
cer of  every  institution  under  the  charge  of  the  commis- 
sioner shall  once  in  each  week  report  in  writing  to  the 
commissioner  the  number  of  persons  who  have  been  received 
or  transferred,  who  are  sick,  who  have  died,  and  who  are 
remaining  in  the  respective  institutions  under  his  charge,  the 
discipline  which  has  been  maintained  therein,  the  punishments 
imposed,  and  the  quantity  and  kind  of  labor  performed,  and 
such  other  information  as  the  commissioner  may  require. 

Hours  of  labor;  discipline. 

§  682.  The  hours  of  labor  required  of  any  pauper  or  other 

person  committed  to  or  placed  under  the  charge  of  the 
commissioner  of  public  charities  shall  be  fixed  by  the  commis- 
sioner. In  case  any  such  pauper  shall  neglect  or 
refuse  to  perform  the  work  allotted  to  him  or  her  by  the 
person  in  charge,  or  shall  violate  the  rules  and  regulations  of 
the  institution,  it  shall  be  the  duty  of  the  superintendent  of 
the  almshouse  to  report  such  insubordination  or  violation  to 
the  commissioner,  who  may  thereupon  direct  the 
punishment  of  such  pauper  by  solitary  confinement 
and  by  being  fed  on  bread  and  water  only  for  such  length  of 
time  as  he  may  consider  necessary.  In  case  any  pauper  shall 
neglect  to  perform  the  work  assigned  to  him  or  her,  or  be 
guilty  of  any  such  violation  on  three  or  more  separate  occa- 
sions, the  said  commissioner  may  cause  such  pauper  to  be 
brought  before  the  proper  court  or  magistrate,  and  such  court 
or  magistrate  may  commit  such  pauper  to  the  workhouse  or 
penitentiary  as  a  disorderly  person. 

Support  of  poor  persons  by  relatives. 

§  683.  The  grandparents,  parents,  children  and  grand- 
children of  sufficient  ability,  of  a  poor  person  who 
is  insane,  blind,  old,  lame,  impotent  or  decrepit  so  as  to  be 
unable  by  work  to  maintain  himself,  and  the  grandparents 
and  parents  of  a  destitute  child,  must  at  their  own  charge 
relieve  and  maintain  him  in  a  manner  to  be  approved  by  the 
commissioner.  If  the  relative  of  a  poor  person  fails  to  main- 
tain and  relieve  him  as  in  this  section  provided,  the  said  com- 
missioner may  apply  to  any  city  magistrate  for  the  order  au- 
thorized by  law  in  such  cases.    The  action  authorized  by  law 


CHARTEK  OF  NEW  YORK  CITY. 


279 


for  a  failure  to  comply,  with  the  order  of  the  court  requiring 
the  payment  of  a  weekly  stim  for  such  support  must  be  in  the 
name  of  the  commissioner  of  public  charities. 

Conduct  of  bastardy  proceedings. 

§  684.  All  bastardy  proceedings  shall  be  conducted  by  and 
in  the  name  of  the  commissioner,  and  the  amount  collected 
shall  be  paid  to  the  commissioner,  to  be  by  him  appUed  to  the 
support  of  the  child  or  of  the  child  and  its  mother,  and  shall 
be  accounted  for  by  him  in  a  manner  approved  by  the  comp- 
troller. The  commissioner  shall  have  authority  to  compro- 
mise bastardy  and  abandonment  cases. 

Maintenance  of  abandoned  wives  and  children. 

§  685.  Every  person  in  The  City  of  New  York,  as  consti- 
tuted by  this  act,  who  actually  abandons  his  wife  or  children 
without  adequate  support,  or  leaves  them  in  danger  of  becom- 
ing a  burden  upon  the  public,  or  who  neglects  to  provide  foi 
them  according  to  his  means,  or  who  threatens  to  run  away 
and  leave  his  wife  and  children  a  burden  upon  the  public,  may 
be  arrested  upon  a  complaint  made  under  oath  to  a  city  magis- 
trate and  a  warrant  thereon  issued,  and  brought  before  such 
magistrate,  as  provided  by  section  nine  hundred  of  the  code  of 
criminal  procedure.  And  if  thereupon  it  shall  appear  by  the 
confession  of  the  defendant  or  by  competent  testimony  that  he 
is  guilty  of  the  charge,  the  said  magistrate  shall  make  an  order 
specifying  a  reasonable  sum  of  money  to  be  paid  weekly  for 
the  space  of  one  year  thereafter  by  such  defendant  to  the  com- 
missioner of  public  charities  for  the  support  of  the  wife  or 
children.  But  nothing  in  this  chapter  contained  shall  apply 
to  or  afifect  an  order  for  the  payment  of  money  for  the  sup- 
port of  a  child  in  an  institution,  pursuant  to  the  provisions 
of  section  two  hundred  and  eighty-eight  of  the  penal  code 
or  of  section  nine  hundred  and  twenty-one  of  the  code  of 
criminal  procedure. 

Commitments  in  abandonment  proceedings;  surety. 

§  686.  Any  person  convicted  of  any  of  the  ofYenses  herein- 
before recited  shall,  upon  being  served  with  such  order,  enter 
into  a  bond  to  the  people  of  the  state  in  such  sum  as  such  city 
magistrate  shall  direct,  with  good  and  sufficient  surety  to  be 
approved  by  the  said  city  magistrate,  that  such  person  will  pay 
weekly  for  the  space  of  one  year  such  sum  for  the  support  of 


280 


LAWS  OF  NEW  YORK. 


the  wife  or  children  or  either  or  any  of  them,  as  has  been 
ordered  as  aforesaid,  to  the  commissioner  of  pubhc 
charities.  In  default  of  such  surety  being  found,  the 
city  magistrate  shall  make  up,  sign  and  file  in  the 
office  of  the  clerk  of  the  county  in  which  such 
conviction  is  had,  a  record  of  the  conviction  of  such 
offender  as  a  disorderly  person,  specifying  generally  the  nature 
and  circumstances  of  the  offense  and  the  names  of  the  wit- 
nesses by  whom  it  has  been  established,  and  shall  by  warrant 
commit  such  offender  to  the  workhouse  on  Blackwell's  Island, 
or  to  the  penitentiary  or  jail  in  the  borough  where  the  convic- 
tion is  had,  there  to  remain  until  such  surety  be  found  or  such 
offender  be  discharged  according  to  law,  or  he  shall  sentence 
such  offender  to  imprisonment  in  the  penitentiary,  for  a  term 
not  exceeding  six  months  or  until  such  offender  gives  the 
security  as  hereinbefore  provided  or  is  discharged  according 
to  law.  Upon  the  trial  or  hearing  of  all  complaints  for  any 
or  either  of  the  offenses  hereinbefore  referred  to,  the  wife  shall 
be  a  competent  witness  therein  against  her  husband,  as  to  all 
matters  embraced  in  said  complaint. 

Actions  on  bonds  in  abandonment  proceedings. 

§  687.  Any  suit,  action  or  proceeding  brought  or  instituted 
upon  any  bond  or  recognizance  given  in  pursuance  of  the  pre- 
ceding section  shall  be  brought  and  prosecuted  by  and  in  the 
name  of  the  commissioner  of  public  charities,  and  all 
moneys  recovered  in  any  suit,  action  or  proceeding 
shall  be  paid  to  the  commissioner  to  be  by  him  applied  and 
expended  for  the  support  of  the  wife  and  children,  or  either  or 
any  of  them,  of  the  person  against  whom  the  order  mentioned 
and  provided  for  in  section  six  hundred  and  eighty-five  of 
this  act  shall  have  been  made.  If  the  person  charged  with  the 
offenses  hereinbefore  recited  or  either  of  them  is  admitted  to 
bail,  the  undertaking  of  his  bail  shall  be  for  the  future  appear- 
ance of  the  defendant  according  to  the  terms  of  the  undertak- 
ing, or  that  the  bail  will  pay  to  the  commissioner  a  specified 
sum  in  the  event  of  such  failure  to  appear,  or  if  such  person 
deposits  a  sum  of  money  as  directed  by  law  instead  of  giving 
an  undertaking  of  bail  for  his  future  appearance,  and  if  such 
person  shall  thereafter  fail  to  appear  in  accordance  with  the 
cerms  of  said  undertaking  or  the  terms  upon  which  the  money 
was  deposited,  then  the  said  magistrate  shall  enter  the  fact  of 
said  person's  non-appearance  upon  the  minutes  and  the  un- 
dertaking of  his  bail  or  money  deposited  instead  of  bail  shall 
thereupon  be  forfeited. 


CHARTER  OF  NEW  YORK  CITY. 


281 


Recoveries  in  abandonment  proceedings. 

§  688.  When  such  an  undertaking  is  forfeited,  an  action  may 
be  brought  in  the  name  of  the  commissioner  of  pubUc  charities 
to  recover  the  amount  specified  in  such  undertaking,  and  the 
amount  recovered  in  said  action  shall  be  applied  and  expended 
fcTr  the  support  of  the  wife  and  children,  or  either  or  any  of 
them,  of  the  person  charged  with  the  offenses  hereinbefore 
recited  or  either  or  any  of  such  offenses,  and  when  any  money 
has  been  deposited  instead  of  bail  and  which  shall  have  been 
forfeited  as  hereinbefore  provided,  said  money  shall  be  paid 
to  the  commissioner,  by  the  person  with  whom  the  said  sum 
of  money  is  deposited,  upon  presenting  to  him  a  certificate 
from  the  city  magistrate  certifying  to  the  forfeiture  thereof, 
which  said  certificate  shall  state  the  name  of  the  person  mak- 
ing the  deposit,  when  it  is  made,  the  name  of  the  defendant, 
and  that  the  said  sum  of  money  was  forfeited  on  account  of 
the  defendant's  failure  to  appear  as  directed,  and  shall  be 
signed  by  said  magistrate. 

Appeals  in  abandonment  proceedings;  costs. 

§  689.  An  appeal  to  the  court  of  general  sessions  may  be 
taken  from  the  conviction  before  a  city  magistrate  under  this 
chapter  within  the  county  of  New  York,  or  to  the  county  court 
in  any  other  county  within  The  City  of  New  York,  which  said 
appeal  shall  be  conducted  under  and  in  accordance  with  the 
provisions  of  the  code  of  criminal  procedure  of  the  state  of 
New  York,  except  that  the  judge  allowing  the  appeal  must 
take  from  the  defendant  a  written  undertaking  in  such  sum 
and  with  such  sureties  as  he  may  approve,  that  defendant  will 
abide  the  judgment  of  the  appellate  court  upon  the  appeal,  and 
will  pay  all  costs  which  may  be  awarded  against  him,  and 
except  that  all  notices  required  by  said  code  of  criminal 
procedure  to  be  served  upon  the  district  attorney 
upon  such  appeal  shall  be  served  upon  the  commissioner 
of  public  charities,  and  the  commissioner  may  appear  by 
clerk  or  counsel  upon  the  hearing  of  such  appeal.  The  court 
must  award  costs  to  the  party  in  whose  favor  the  appeal  is 
determined,  as  follows,  besides  disbursements:  To  the  appel- 
lant upon  reversal,  thirty  dollars;  to  the  respondent  upon 
affirmance,  twenty-five  dollars.  When  awarded  to  the  appel- 
lant they  must  be  paid  by  the  comptroller  of  The  City  of  New 
York,  on  the  delivery  to  him  of  a  certified  copy  of  the  order 
of  reversal,  and  must  be  charged  to  the  contingent  account 


283 


LAWS  OF  NEAV  YORK. 


of  the  commissioner  of  public  charities.  When  awarded  to  the 
respondent  the  payment  of  costs  may  be  enforced  as  in  a  civil 
action,  and  in  an  action  brought  therefor  against  the  sureties 
upon  tlie  undertaking  giyen  on  tlie  allowance  of  the  appeal, 
the  production  of  a  certified  copy  of  the  order  of  affirmance 
shall  be  conclusive  evidence.  If  a  new  trial  is  ordered  it  rrrust 
be  had  in  the  court  where  the  appeal  was  heard,  before  a 
judge  without  a  jury. 

An  appeal  to  the  court  of  general  sessions  may  be  taken 
in  an  abandonment  proceeding,  by  the  commissioner  of  public 
charities  in  whose  name  the  proceeding  is  brought,  from  a 
decision  or  judgment  of  a  city  magistrate  under  this  chapter, 
within  the  county  of  New  York;  or  to  the  county  court  in 
any  other  county  which  is  wholly  or  partly  within  The  City  of 
New  York,  as  constituted  by  this  act. 

For  the  purpose  of  appealing  the  commissioner  must 
within  sixty  days  after  such  decision  or  judgment  make  an 
affidavit  showing  the  alleged  errors  in  the  proceeding  in 
which  the  decision  or  judgment  was  rendered,  and  must 
within  that  time  present  it  to  the  county  judge  of  the  county 
where  the  proceeding  was  brought  or  to  a  justice  of  the 
supreme  court  in  that  department,  or  in  the  county  of  New 
York  to  the  recorder  or  a  judge  authorized  to  hold  a  court 
of  general  sessions,  and  apply  thereon  for  an  allowance  of 
the  appeal. 

If,  in  the  opinion  of  the  justice,  judge  or  recorder  to  whom 
the  affidavit  is  submitted,  it  is  proper  that  the  questions  set 
forth  in  the  affidavit  should  be  decided  by  the  appellate  court, 
he  must  endorse  upon  the  affidavit  an  allowance  of  an  appeal 
to  that  court.  And  the  commissioner  must  within  five  days 
thereafter  serve  a  copy  of  such  affidavit  upon  which  the  ap- 
peal was  granted,  together  with  a  notice  that  the  same  has 
been  allowed,  upon  the  defendant  in  the  abandonment  pro- 
ceeding or  upon  the  attorney  or  counsel  who  last  appeared 
for  the  defendant  therein. 

Sections  seven  hundred  and  fifty-five,  seven  hundred  and 
fifty-six,  seven  hundred  and  fifty-seven  and  seven  hundred 
cind  fifty-eight  of  the  code  of  criminal  procedure  shall  apply 
to  the  appeal  herein  provided. 

The  appeal  may  be  brought  to  argument  by  the  commis- 
sioner or  the  defer dr.nt  upon  ten  days'  notice  to  the  opposite 
party,  to  be  served  personally  on  the  commissioner  or,  either 
personally  upon  the  defendant  or  personally  upon  the  attor- 
ney who  last  appeared  for  the  defendant. 


CHAKTER  OF  NEW  YUiii!^  UilY,  iiba 

The  appeal  shall  be  heard  and  disposed  of  in  the  manner 
provided  by  sections  seven  hundred  and  sixty-three,  seven 
hundred  and  sixty-four,  seven  hundred  and  sixty-five,  seven 
hundred  and  sixty-six  and  seven  hundred  and  sixty-nine  of 
the  code  of  criminal  procedure,  except  that  if  a  new  trial  be 
ordered,  it  shall  be  had  in  the  court  where  the  appeal  was 
heard,  before  a  judge  without  a  jury,  and,  pending  such  new 
trial,  the  judge  shall  issue  a  warrant  for  the  arrest  of  the  de- 
fendant, and  may  hold  hjm  to  bail  as  upon  an  indictment. 

Upon  an  appeal  taken  by  the  commissioner  of  public  char- 
ities no  costs  shall  be  awarded  to  either  party. 

When  new  security  be  required  after  conviction  in  abandonment 
proceedings. 

§  690.  Upon  the  recovery  of  a  bond  given  by  the  de- 
fendant upon  conviction  in  abandonment  proceedings 
as  prescribed  in  section  six  hundred  and  eighty-six; 
or  upon  proof  by  affidavit  by  the  commissioner  that 
he  has  caused  diligent  efforts  to  be  made  to  serve 
personally  upon  a  surety  on  such  a  bond,  a  summons 
in  an  action  brought  thereon  for  a  default  in  the  terms  thereof, 
but  has  been  unable  to  effect  service  upon  such  surety ;  or  that 
*  a  surety  has  been  adjudged  a  bankrupt,  the  city  magistrate 
then  sitting  in  the  court  in  which  such  bond  was  given  may 
issue  a  warrant  for  the  arrest  of  the  defendant,  in  whose  be- 
half the  bond  was  given,  and  require  him  to  give  new  security 
or  in  default  thereof  may  commit  him,  under  the  original 
order  and  conviction,  in  the  manner  prescribed  in  section  six 
hundred  and  eighty-six;  provided,  however,  that  the  total 
imprisonment  upon  such  order  shall  not  exceed  six  months  in 
any  year. 

Support  of  bastard  children. 

§  691.  If  any  time  after  an  order  of  filiation  in  bastardy 
proceedings  shall  have  been  made,  and  an  undertaking  given 
thereon,  in  accordance  with  the  provisions  of  this  act  and  of 
the  code  of  criminal  procedure  such  undertaking  shall  not  be 
complied  with,  or  that  for  any  reason  a  recovery  thereon 
cannot  be  had,  the  overseers  of  the  poor  of  any 
county,  city  or  town  commissioner  of  public  chari- 
ties where  the  bastard,  for  whose  support  the  order 
of  filiation  was  made,  shall  be  at  the  time,  may 
upon  proof  of  the  making  of  the  order  of  filiation,  the 


284 


LAWS  OF  NEW  YORK. 


giving  of  the  above  mentioned  undertaking  and  non-compli- 
ance therewith,  or  that  for  any  reason  a  recovery  cannot  be 
had  on  such  undertaking  apply  to  the  court,  in  such  county, 
city,  or  town,  having  jurisdiction  in  bastardy  proceedings,  for 
a  warrant  for  the  arrest  of  the  defendant  against  whom  such 
order  of  filiation  was  made,  which  shall  be  executed  in  the 
manner  provided  in  the  code  of  criminal  procedure  for  the 
execution  of  a  warrant.  Upon  the  arrest  and  arraignment  of 
the  defendant,  the  said  court  upon  proof  of  the  making  of  the 
order  of  filiation,  the  giving  of  the  above  mentioned  undertak- 
ing, the  non-compliance  therewith  or  that  for  any  reason  a 
recovery  cannot  be  had  on  such  undertaking  shall  make  an 
order  requiring  him  to  give  a  new  undertaking  in  the  manner 
provided  in  subdivision  one  of  section  eight  hundred  and  fifty- 
one  of  the  code  of  criminal  procedure  for  giving  an  under- 
taking on  conviction,  or  upon  his  failure  to  so  give  a  new 
undertaking,  shall  commit  him  in  the  manner  provided  in  sec- 
tion eight  hundred  and  fifty-two  of  said  code  of  criminal 
procedure. 

TITLE  2. 

Belleviie  and  Allied  Hospitals  in  The  City  of  Nezv  York, 

Board  of  trustees,  jurisdiction,  powers  and  duties. 

§  692.  I.  On  the  first  day  of  February,  nineteen  hundred 
and  two,  the  jurisdiction  of  the  department  of  public  charities 
of  The  City  of  New  York  over  BeKevue  Hospital  and  the 
Fordham,  Harlem  and  Gouverneur  Hospitals  and  the  Emer- 
gency Hospital  in  East  Twenty-sixth  street  in  The  City  of 
New  York,  shall  cease,  and  the  care,  management  and  control 
of  such  hospitals  shall  oe  vested  in  a  board  of  trustees,  which 
shall  on  said  date  succeed  to  all  rights,  duties  and  powers  here- 
tofore vested  in  said  department  of  public  charities  so  far  as 
concerns  said  hospitals.  Said  board  of  trustees  shall  consist 
of  seven  residents  of  The  City  of  New  York,  together  with 
the  commissioner  of  public  charities,  ex  officio.  It  shall  be 
known  as  the  "  Board  of  Trustees  of  Bellevue  and  Allied 
Hospitals."  In  the  month  of  January,  nineteen  hundred 
and  two,  the  mayor  of  The  City  of  New  York 
shall  appoint  one  resident  of  The  City  of  New  Y'ork 
to  serve  as  such  trustee  for  the  term  of  one  year, 
one  for  the  term  of  two  years,  one  for  the  term  of  three  years, 
one  for  the  term  of  four  years,  one  for  the  term  of  five  years, 


CHARTER  OF  NEW  YORK  CITY. 


285 


one  for  the  term  ot  six  years  and  one  for  the  term  of  seven 
years,  from  the  first  clay  of  February,  nineteen  hundred  and 
two.  In  the  month  of  January  and  on  or  before  the  twentieth 
day  thereof,  prior  to  the  expiration  of  the  term  of 
ofhce  of  any  trustee,  the  mayor  shall  appoint  his  suc- 
cessor for  the  full  term  of  seven  years.  The  mayor  shall  fill 
any  vacancy  in  the  board  caused  by  the  death  of  a  trustee,  his 
resignation,  removal  from  the  city  or  otherwise,  by  the  ap- 
pointment of  a  trustee  to  hold  ofiice  for  the  unexpired  term. 
Every  person  appointed  to  serve  as  such  trustee  shall,  before 
entering-  upon  the  duties  of  his  office,  take  and  subscribe  the 
oath  of  ofiQce  prescribed  by  the  constitution  of  the  state. 

2.  For  the  purpose  of  making  the  appointments  aforesaid, 
the  said  mayor  shall  call  upon  the  president  or  other  executive 
head  of  each  of  the  following  organizations,  to  wit :  The 
United  Hebrew  Charities  of  The  City  of  New  York,  the  Par- 
ticular Council  of  New  York  of  the  Society  of  St.  Vincent  de 
Paul  in  New  York,  and  the  New  York  Association  for  Improv- 
ing the  Condition  of  the  Poor,  to  present  a  list  of  not  less  than 
twice  the  number  of  persons  to  be  appointed  members  of  said 
board  of  trustees,  to  fill  a  vacancy  or  otherwise.  Notice  in 
writing  of  the  dates  on  which  appointments,  including  the  first, 
to  said  board  of  trustees  are  proposed  to  be  made  shall  be  given 
by  the  mayor  to  each  of  said  presidents  or  other  executive 
heads  at  least  ten  days  prior  thereto,  and  such  list  of  names 
shall  be  so  presented  within  three  days  after  the  receipt  of  such 
notice.  Said  presidents  or  other  executive  heads  may  each 
submit,  or  two  or  more  of  them  may  jointly  present,  such  a  list 
of  names.  Appointments  to  said  board  of  trustees  may  in  the 
discretion  of  the  mayor  be  made  from  such  Hst  or  lists. 

3.  No  trustee  shall  be  subject  to  removal  under  the  pro- 
visions of  section  ninety-five  of  this  act,  but  any  trustee  may 
be  removed  by  the  mayor  upon  proof  either  of  official  miscon- 
duct or  neglect  of  duty  or  of  conduct  which  tends  to  discredit 
his  office  or  for  mental  or  physical  inability  to  perform  his 
duties,  but  before  such  removal  he  shall  receive  due  and  timely 
notice  in  writing  of  the  charges  and  a  copy  thereof,  and  shall 
be  entitled  to  a  hearing  on  like  notice  before  the  mayor  and 
to  the  assistance  of  counsel  on  said  hearing.  No  trustee  shall 
receive  pecuniary  compensation  for  his  services  or  be  inter- 
ested directly  or  indirectly  in  the  furnishing  or  performing  of 
work,  labor,  services,  materials  or  supplies  of  any  kind  to  or 
for  said  hospitals  by  contract  or  otherwise.  No  trustee  shall 
hold  any  office  of  emolument  under  the  city,  county,  state  or 


286 


LAWS  OF  NEW  YORK. 


national  government,  except  the  offices  of  notary  public,  or 
commissioner  of  deeds,  or  offices  in  the  national  guard. 

4.  The  commissioners  of  the  sinking  fund  of  The  City  of 
New  York  shall  within  thirty  days  after  the  passage  of  this  act 
prepare  a  plan  for  the  separation  from  the  department  of  pub- 
lic charities  of  ^the  said  Bellevue  hospital,  and  the  Fordham, 
Harlem,  Gouverneur  and  Emergency  hospitals.  Such  plan 
shall  apportion  to  each  of  said  hospitals  the  lands,  buildings, 
fixtures,  furniture  and  other  appurtenances  and  property,  and 
the  books,  records,  vouchers  and  other  papers  hitherto  used 
in  connection  with  or  for  the  purposes  of  said  hospitals,  and 
provide  in  detail  for  the  transfer  thereof  to  said  board  of 
trustees  of  Bellevue  and  aUied  hospitals  on  the  first  day  of  Feb- 
ruary, nineteen  hundred  and  two.  It  shall  further  apportion  to 
each  of  said  hospitals,  the  employes  and  subordinates  of  every 
grade  in  the  service  of  the  department  of  public  charities  who 
shall  be  in  service  in  and  about  the  said  hospitals  exclusively  on 
said  date.  To  enable  said  commissioners  to  prepare  such  plan, 
they  shall  have  access  -to  all  of  the  books  and  papers  which  are 
the  property  of  The  City  of  New  York  in  the  custody  of  said 
department  of  public  charities,  and  to  visit  said  hospitals,  and 
to  require  at  any  and  all  times  the  attendance  before  them  of 
the  commissioner  of  public  charities  and  of  any  of  his  em- 
ployes and  subordinates. 

5.  Said  board  of  trustees  shall  organize  within  ten  days  after 
said  trustees  are  appointed.  It  shall  annually  choose  from 
its  members,  at  a  regular  meeting  to  be  held  in  the  month  of 
February,  a  president  and  a  secretary  for  the  term  of  one  year. 
It  shall  establish  rules  and  regulations  for  the  administration 
and  government  of  said  hospitals.  It  shall  administer  the 
moneys  appropriated  for  said  hospitals,  subject  to  the 
general  provisions  of  this  act  relative  to  the  audit  and 
payment  of  claims.  Said  board  shall  have  power  to  ap- 
point and  at  pleasure  to  remove  such  superintendents,  med- 
ical officers,  subordinate  officers  and  other  employes  as  may 
be  necessary  for  the  efficient  management  and  conduct  of  said 
hospitals,  subject  to  the  civil  service  laws  and  the  rules  and 
regulations  of  the  municipal  civil  service  commission.  The 
board  of  trustees  shall  keep  accurate  and  detailed  accounts,  in 
a  form  approved  by  the  comptroller,  of  all  moneys  received 
and  expended  by  it,  the  sources  from  which  they  are  received 
and  the  purposes  for  which  they  are  expended.  It  shall  dur- 
ing the  month  of  Janunrv  in  each  vear  transmit  to  the  mayor 
a  report  as  to  the  condition  of  the  hospitals  under  its  care  and 


CHARTER  OF  NEW  YORK  CITY. 


287 


the  management  thereof  during  tlie  year  ending  the  preceding 
thirty-first  day  of  December. 

6.  The  medical  board  of  Bellevue  hospital,  and  allied 
hospitals,  shall  be  composed  of  the  attending  and  consult- 
ing physicians  and  surgeons  of  said  hospitals  on  the  first 
day  of  February,  nineteen  hundred  and  two.  They  and  such 
successors  as  the  board  of  trustees  may  appoint  shall  serve 
without  pecuniary  compensation,  and  shall  hold  ofiice  so  long 
as  they  shall  perform  their  duties  in  a  manner  satisfactory 
to  the  said  board  of  trustees.  Vacancies  occurring  in  said 
medical  board  shall  be  filled  by  the  said  board  of  trustees  by 
appointment  from  the  medical  profession  in  The  City  of  New 
York.  The  said  board  of  trustees  shall,  on  nomination  of  the 
said  medical  board,  appoint  medical  and  surgical  house  officers 
to  the  said  hospitals,  all  of  whom  shall  serve  without  pecuniary 
compensation. 

7.  Any  person  injured  or  taken  sick  in  the  streets  or  in  any 
public  square  or  place  within  The  City  of  New  York,  who  may 
not  be  safely  removed  to  his  or  her  home,  may  be  sent  to  and 
shall  be  received  in  the  said  hospitals  for  temporary  care  and 
treatment,  irrespective  of  his  or  her  place  of  residence.  The 
said  board  of  trustees  shall  provide  and  maintain  suitable 
rooms  or  wards  for  the  reception,  medical  examination  and 
temporary  care  of  persons  alleged  to  be  insane. 

8.  The  said  board  of  trustees  may  permit  the  reception  ancj 
treatment  in  the  said  hospitals,  of  persons  who  do  not  reside 
in  The  City  of  New  York,  provided  that  every  person  so 
receiving  treatment  shall  be  required  to  pay  such  sum  for  board 
and  attendance  as  may  be  fixed  by  said  board  of  trustees,  and 
provided  that  no  such  persons  shall  be  received  to  the  exclusion 
of  patients  who  reside  in  said  city.  The  said  board  of  trustees 
shall  collect  and  pay  over  all  such  moneys  to  the  chamberlain 
once  every  month,  and  the  amount  so  collected  slinll  be  paid 
into  the  general  fund.  The  said  board  of  trustees  shall,  upon 
making  such  payments  to  the  chamberlain,  report  the  same  to 
the  comptroller  of  The  City  of  New  York. 

9.  The  board  of  estimate  and  apportionment  and  the  board 
of  aldermen  shall  in  each  year  appropriate  such  sum  as  in  their 
judgment  may  be  necessary  for  the  support  and  maintenance 
of  said  hospitals.  Tt  shall  be  the  duty  of  the  board  of  trustees 
thereof  to  send  to  the  board  of  estimate  and  apportionment,  on 
or  before  the  first  day  of  September  in  each  year,  an  estimate 
in  writing  of  the  sum  needed  for  the  ensuino-  yenr  in  the  same 
manner  and  general  form  as  the  heads  of  departments  and 
other  boards  of  The  City  of  New  York  are  required  to  furnish 


288 


LAWS  OF  NEW  YORK. 


lo.  Whenever  any  sick  person  in  Bellevue  or  other  hos- 
pitals hereinbefore  mentioned  shall,  in  the  judgment  of  the 
board  of  trustees,  cease  to  be  a  proper  case  for  treatment 
therein,  said  board  may  cause  such  person  to  be  transferred 
to  the  care,  custody  and  control  of  the  commissioner  of  pub- 
lic charities,  who  shall  forthwith  receive  and  care  for  such 
person.  In  case  any  sick  person  under  treatment  in  any  of 
said  hospitals  shall  die  while  under  the  care  of  the  board  of 
trustees,  the  latter,  by  their  properly  designated  officer  or 
employe,  may  call  upon  the  commissioner  of  public  chari- 
ties forthwith  to  receive  and  remove  the  body  of  such  person, 
and  it  shall  thereupon  be  the  duty  of  such  commissioner  forth- 
with to  receive  and  remove  the  same  for  burial  or  other 
proper  disposition.  The  cost  and  expense  of  such  reception, 
removal,  burial  or  other  proper  disposition  shall  be  borne  and 
paid  by  the  department  of  public  charities. 

CHAPTER  XIV. 

Department  of  Correction. 

Jurisdiction;  salary;  regulations;  subordinate  officers. 

§  694.  The  head  of  the  department  of  correction  shall  be 
called  the  commissioner  of  correction.  He  shall  be  ap- 
pointed by  the  mayor  and  shall  hold  office,  as  provided  in 
chapter  four  of  this  act.  His  salary  shall  be  seven  thous- 
and five  hundred  dollars  a  year.  The  commissioner 
shall  have  power  to  establish  rules  and  regulations  for  the 
administration  of  the  department  and  the  government  of  the 
institutions  under  his  control.  He  shall  have  full  and  ex- 
clusive jurisdiction  over  the  several  institutions  hereinafter 
specified  which  are  situated  or  may  hereafter  be  established 
within  The  City  of  New  York  as  constituted  by  this  act.  He 
shall  have  his  principal  office  in  the  borough  of  Manhattan. 
He  shall  have  power  to  appoint  and  at  will  to  remove  a 
deputy  and  to  define  his  duties.  The  salary  of  such  deputy 
shall  be  four  thousand  dollars  a  year.  He  shall  also  have 
power  within  the  limits  of  his  appropriation  to  appoint  and  to 
remove,  subject  to  the  requirements  of  the  civil  service  laws, 
such  superintendents,  wardens  and  other  subordinate  officers 
and  assistants  as  may  be  necessary  for  the  efficient  perform- 
ance of  the  duties  of  the  department.  The  deputy  so 
appointed  shall  during  the  absence  or  inability  of  the  com- 


CHARTER  OF  NEW  YORK  CITY. 


289 


tnissioner  possess  all  the  powers  and  perform  all  the  duties 
of  such  commissioner  except  the  power  of  making  appoint- 
ments. The  commissioner  may  delegate  to  the  superin- 
tendent or  warden  in  charge  of  any  institution  in  the  depart- 
ment the  power  to  appoint  and  remove  subordinate  officers 
or  assistants  in  such  institutions. 

Institutions  under  the  jurisdiction  of  the  commissioner. 

§  695.  The  commissioner  shall  have  jurisdiction  over  and 
it  shall  be  his  duty  to  take  charge  of  and  manage  all  institu- 
tions for  the  care  and  custody  of  criminals  and  misdemean- 
ants which  belong  to  or  shall  be  hereafter  acquired  by  The 
City  of  New  York  except  the  house  of  refuge,  the  house  of 
detention  of  witnesses,  the  Brooklyn  discipUnary  training 
school  for  boys,  incorporated  societies  for  the  prevention  of 
cruelty  to  children  and  such  places  for  the  detention  of  pris- 
oners or  persons  charged  with  crime  as  are  by  law  placed 
under  the  charge  of  some  other  department,  board  or  officer. 
The  commissioner  shall  also  have  charge  of  such  other  in- 
stitutions belonging  to  the  city  as  have  been  or  may  be 
hereafter  placed  under  his  jurisdiction  by  the  board 
of  aldermen.  Whenever  the  state  authorities  shall  have 
caused  the  inmates  of  the  lunatic  asylum  on  Hart's  island  to 
be  removed  elsewhere  and  shall  have  vacated  the  buildings 
now  on  said  island  occupied  by  said  asylum,  the  said  build- 
ings, with  the  grounds  thereto  appertaining,  shall  become 
and  be  under  the  charge  and  control  of  the  department  of 
correction ;  provided,  however,  that  the  burial  of  deceased 
paupers  shall  be  continued  on  said  island  under  regulations 
established  by  the  joint  action  of  the  departments  of  public 
charities  and  of  correction,  or  in  case  of  disagreement  be- 
tween said  departments,  under  such  regulations  as  may  be 
established  by  the  mayor  of  the  city. 

Transfer  of  inmates  to  Riker's  island  and  Hart's  island. 

§  696.  The  commissioner,  whenever,  in  his  judgment,  it  is 
expedient  and  practicable  to  do  so,  may  cause  to  be  removed 
to  Riker's  island,  and  in  case  Hart's  island  shall  have  been 
placed  under  the  charge  and  control  of  the  department  of 
correction,  as  in  section  six  hundred  and  ninety-five  of  this 
act  provided,  then  also  to  Hart's  island,  the  inmates  of  the 
workhouse  and  of  the  penitentiary  on  Blackwell's  island; 
and  he  may  direct  such  removals  to  be  made,  from  time  to 


290 


LAWS  OF  NEW  YORK. 


time,  as  accommodation  for  the  said  inmates  may  be  pro- 
vided upon  Riker's  island  and  Hart's  island  or  elsewhere 
within  The  City  of  New  York.  And  whenever  in  conse- 
quence of  such  removals  or  otherwise  any  of  the  buildings 
theretofore  occupied  or  used  for  said  workhouse  or  peniten- 
tiary ^shall  have  become  vacant,  such  building  or  buildings, 
with  the  grounds  thereto  appertaining,  shall  be  transferred 
to  the  department  of  public  charities.  And  whenever  any 
of  the  said  buildings  or  grounds  shall  have  been  so  trans- 
ferred, the  commissioner  of  correction  shall  have  no  further 
rights,  duties  or  obligations  in  respect  to  such  building  or 
buildings  or  grounds,  but  it  or  they  shall  thereafter  be  in- 
cluded in  and  appertain  to  the  department  of  public  charities 
of  The  City  of  New  York,  and  shall  be  under  the  jurisdiction 
of  the  commissioner  of  charities. 

/  Powers  of  commissioner  over  criminals  and  misdemeanants. 

§  697.  The  commissioner  shall  have  all  the  authority  con- 
cerning the  care,  custody  and  disposition  of  criminals  and 
misdemeanants  which  the  commissioner  of  correction  of  the 
corporation  known  as  the  mayor,  aldermen  and  commonalty 
of  the  city  of  New  York,  or  which  the  board  of  charities  and 
correction  for  the  city  of  Brooklyn  and  county  of  Kings  as 
formerly  constituted  had  on  the  thirty-first  day  of  December, 
eighteen  hundred  and  ninety-seven,  and  he  shall  discharge  the 
same  duties  and  be  subject  to  the  same  obligations  in  respect 
to  such  persons  as  the  said  commissioner  and  board  respec- 
tively, except  in  so  far  as  the  same  are  inconsistent  with  or 
are  modified  by  this  act.  The  commissioner  shall  have  no 
authority  and  be  subject  to  no  obligation  in  respect  to  any 
destitute  person  not  charged  with  or  convicted  of  crime  or 
misdemeanor. 

Classification  of  criminals  and  misdemeanants;  instruction. 

§  698.  It  shall  be  the  duty  of  the  commissioner  to  cause  all 
the  criminals  and  misdemeanants  under  his  charge  to  be  classi- 
fied as  far  as  practicable,  so  that  youthful  and  less  hardened 
offenders  shall  not  be  rendered  more  depraved  by  the  associa- 
tion with  and  evil  example  of  older  and  more  hardened 
offenders.  The  commissioner  may  establish  and  maintain 
such  schools  or  classes  for  the  instruction  and  training  of  the 
inmates  of  the  institutions  under  his  charge,  as  may  be  author- 
ized by  the  board  of  estimate  and  apportionment.    And  to 


CHARTER  OF  NEW  YORK  CITY. 


this  end  the  commissioner  may  set  apart  one  of  the  penal  in- 
stitutions for  the  custody  of  such  youthful  and  less  hardened 
offenders,  and  said  commissioner  shall  have  the  power,  in  his 
discretion,  to  transfer  such  offenders  thereto  from  any  other 
of  the  penal  institutions  of  the  city. 

Records  of  inmates  of  institutions. 

§  699.  It  shall  be  the  duty  of  the  commissioner  to  keep  and 
preserve  a  proper  record  of  all  persons  who  shall  come  under 
his  care  or  custody,  and  of  the  disposition  of  each  such  person, 
with  full  particulars  as  to  the  name,  age,  sex,  color,  nativity 
and  religious  faith  of  each,  together  with  a  statement  of  the 
cause  and  length  of  detention  of  each  such  person.  Such 
record  shall  be  supplementary  to  and  shall  be  kept  separate 
from  the  records  required  to  be  kept  by  section  seven  hundred 
and  nine  of  this  act. 

Employment  of  inmates;  articles  manufactured;  cultivation  of  lands. 

§  700.  Every  inmate  of  an  institution  under  the  charge  of 
the  commissioner,  whose  age  and  health  will  permit,  shall  be 
employed  in  quarrying  or  cutting  stone,  or  in  cultivating  land 
under  the  control  of  the  commissioner,  or  in  manufacturing 
such  articles  as  may  be  required  for  ordinary  use  in  the  institu- 
tions under  the  control  of  the  commissioner,  or  for  the  use  of 
any  department  of  The  City  of  New  York,  or  in  preparing  and 
building  sea  walls  upon  islands  or  other  places  belonging  to 
The  City  of  New  York  upon  which  public  institutions  now  are 
or  may  hereafter  be  erected,  or  in  public  works  carried  on  by 
any  department  of  the  city,  or  at  such  mechanical  or  other 
labor  as  shall  be  found  from  experience  to  be  suited  to  the 
capacity  of  the  individual.  The  articles  raised  or  manufac- 
tured by  such  labor  shall  be  subject  to  the  order  of  and  shall 
be  placed  under  the  control  of  the  commissioner,  and  shall 
be  utilized  in  the  institutions  under  his  charge  or  in  some  other 
department  of  the  city.  All  the  lands  under  the  jurisdiction 
of  the  cojiimissioner  not  otherwise  occupied  or  utilized,  and 
which  are  capable  of  cultivation  shall  in  the  discretion  of  the 
commissioner  be  used  for  agricultural  purposes. 

Detail  of  inmates  to  work  in  other  departments. 

§  701.  At  the  request  of  any  of  the  heads  of  the  adminis- 
trative departments  of  The  City  of  New  York  (who  are  hereby 
empowered  to  make  such  request)  the  commissioner  of  cor- 


292 


LAWS  OF  NEW  YORK. 


rection  may  detail  and  designate  any  inmate  or  inmates  of  any 
of  the  institutions  in  the  department  of  correction  to  perform 
work,  labor  and  services  in  and  upon  the  grounds  and  build- 
ing or  in  and  upon  any  public  work  or  improvement  under  the 
charge  of  such  other  department.  And  such  inmates  w^hen  so 
employed  shall  at  all  times  be  under  the  personal  oversight 
and  direction  of  4  keeper  or  keepers  from  the  department  of 
correction,  but  no  inmate  of  any  correctional  institution  shall 
be  employed  in  any  ward  of  any  hospital,  except  hospitals  in 
penal  institutions,  while  such  ward  is  being  used  for  hospital 
purposes.  The  provisions  of  this  act  or  of  law  requiring 
advertisement  for  bids  or  proposals,  or  the  awarding  of  con- 
tracts, for  work  to  be  done  or  supplies  to  be  furnished  for  any 
of  said  departments  shall  not  be  applicable  to  public  work 
which  may  be  done  or  to  the  supplies  which  may  be  furnished 
under  the  provisions  of  the  prison  law. 

Hours  of  labor;  discipline. 

§  702.  The  hours  of  labor  required  of  any  inmate  of  any 
institution  under  the  charge  of  the  commissioner  shall 
be  fixed  by  the  commissioner.  In  case  any  person  confined 
in  any  institution  in  the  department  shall  neglect  or  refuse 
to  perform  the  work  allotted  to  him  by  the  officer  in  charge 
of  such  institution,  or  shall  wilfully  violate  the  rules  and  regu- 
lations established  by  the  commissioner  or  resist  and  disobey 
any  lawful  command,  or  in  case  any  such  person  shall  offer 
violence  to  any  such  officer  or  to  any  other  prisoner,  or  shall 
do  or  attempt  to  do  any  injury  to  such  institution  or  the  appur- 
tenances thereof  or  any  property  therein,  or  shall  attempt  to 
escape,  or  shall  cofnbine  with  any  one  or  more  persons  for  any 
of  the  aforesaid  purposes,  the  officer  or  officers  of  such  institu- 
tion shall  use  all  suitable  means  to  defend  themselves,  to 
enforce  discipline,  to  secure  the  persons  of  the  offenders  and 
to  prevent  any  such  attempt  or  escape,  and  it  shall  be  the  duty 
of  the  officer  in  charge  of  such  institution  in  which  such  person 
or  persons  is  or  are  confined  to  punish  him  or  them  by  solitary 
confinement,  and  by  being  fed  on  bread  and  water  only,  for 
such  length  of  time  as  may  be  considered  necessary  ;  but  no 
other  form  of  punishment  shall  be  imposed,  and  no  officer  of 
any  such  institution  shall  inflict  any  blows  whatever  upon  any 
prisoner  except  in  self-defense  or  to  suppress  a  revolt  or  insur- 
rection.   In  every  case  the  officer  imposing  such  punishment 


CHARTER  OF  NEW  YORK  CITY. 


293 


shall  forthwith  report  the  same  to  the  commissioner  and  notify 
the  physician  of  the  institution.  It  shall  be  the  duty  of  such 
physician  to  visit  the  person  so  confined  and  to  examine  daily 
into  the  state  of  his  health  until  he  shall  be  released  from 
solitary  confinement  and  return  to  labor,  and  to  report  to  the 
commissioner  and  to  the  officer  in  charge  of  such  institution 
whenever  in  his  judgment  the  health  of  the  prisoner  shall 
require  that  he  should  be  released. 

Accounts;  annual  estimate;  expenditures. 

§  703.  The  commissioner  shall  keep  accurate  and  detailed 
accounts  in  a  form  approved  by  the  comptroller,  of  all  moneys 
received  and  expended  by  him,  the  sources  from  which  they 
are  received  and  the  purposes  for  which  they  are  expended. 

The  commissioner  shall,  on  or  before  the  first  day  of  Septem- 
ber in  each  year,  prepare  an  itemized  estimate  of  the  necessary 
expenses  of  the  department  for  the  ensuing  fiscal  year,  which 
estimate  shall  constitute  the  annual  estimate  of  the  department 
of  correction,  and  shall  be  submitted  to  the  board  of  estimate 
and  apportionment  within  the  time  prescribed  by  this  act  for 
the  submission  of  estimates  from  the  several  departments  of 
the  city.  He  shall  incur  no  expense  for  any  purpose  in  excess 
of  the  amount  appropriated  therefor,  nor  shall  he  expend  any 
money  so  appropriated  for  any  purpose  other  than  that  for 
which  it  was  appropriated. 

Advertisements  for  supplies. 

§  704.  The  commissioner  shall  from  time  to  time,  as  may 
be  necessary,  advertise  in  the  City  Record  and  the  corpora- 
tion newspapers,  for  not  less  than  ten  days  for  proposals  for 
all  such  articles  and  supplies  (excepting  perishable  articles) 
as  shall  be  necessary  to  be  used  in  and  for  the  institutions  in 
the  department,  except  such  as  the  department  itself  can 
produce  by  the  labor  of  the  inmates  of  institutions,  and  shall 
award  contracts  for  the  same  to  the  lowest  responsible  bid- 
ders who  shall  give  adequate  security  for  the  faithful  per- 
formance of  such  contracts.  In  case  of  an  emergency  the 
commissioner  may  purchase  articles  immediately  required 
without  calling  for  competition,  but  the  amount  expended  by 
the  commissioner  for  articles  so  required  or  for  perishable 
articles  shall  not  exceed  the  sum  of  two  thousand  dollars 
during  any  one  month. 


2U  LAWS  OF  NEW  YORK. 

Requisitions  and  reports  of  subordinate  officers. 

§  705.  Each  superintendent,  warden,  or  other  chief  officer 
of  any  institution  under  the  charge  of  the  commissioner  shall 
make  his  requisitions  in  writing  upon  the  commissioner  for 
all  articles  deemed  necessary  by  the  said  officer  to  be  used 
in  the  institution  or  institutions  under  his  charge,  and  shall 
keep  an  accurate  account  of  the  same.  It  shall  also  be  the 
duty  of  each  such  superintendent,  warden  or  other  chief  of- 
ficer to  report  once  in  each  week  to  the  commissioner  the 
number  of  persons  who  have  been  received,  discharged  or 
transferred,  who  have  become  sick  or  who  have  died,  and  the 
number  remaining  in  the  respective  institutions  under  their 
charge,  the  discipline  which  has  been  maintained,  and  the 
quantity  and  kind  of  labor  performed,  and  such  other  infor- 
mation as  the  commissioner  requires. 

Collection  of  fines. 

§  706.  The  department  of  correction  is  hereby  authorized 
to  demand  and  receive  tines  imposed  for  intoxication  and 
disorderly  conduct  in  The  City  of  New  York  as  constituted 
by  this  act  in  the  manner  and  for  the  purposes  now  pre- 
scribed by  law. 

Commitment  of  persons  convicted  of  public  intoxication,  disorderly 
conduct  or  vagrancy. 

§  707.  Whenever  any  person  is  convicted  in  The  City  of 
New  York  as  constituted  by  this  act,  of  public  intoxication, 
disorderly  conduct  or  vagrancy,  the  court  or  magistrate,  be- 
fore Vvhich  or  whom  such  conviction  is  had,  shall,  if  it  or  he 
do  not  suspend  sentence  as  hereinafter  provided,  impose  upon 
the  person  so  convicted  one  or  other  of  the  penalties  herein 
provided.  Upon  a  charge  of  vagrancy  if  the  person 
so  convicted  be  a  prostitute  between  the  ages  of 
sixteen  and  twenty-one,  the  court  or  magistrate  may  commit 
such  person,  for  not  exceeding  one  year,  in  the  boroughs  of 
Manhattan  and  The  Bronx,  to  the  Roman  Cathohc  House 
of  the  Good  Shepherd,  the  Protestant  Episcopal  House  of 
Mercy  or  the  New  York  Magdalen  Benevolent  Society;  in 
the  borough  of  Brooklyn  to  the  Wayside  Home,  House  of 
the  Good  Shepherd  or  the  Bethesda  Home,  and  in  the  other 
boroughs  to  one  of  the  above  named  institutions  or  to  any 
other  similar  institution  for  women  incorporated  to  carry  on 
reformatory  or  rescue  work  in  The  City  of  New  York.  All 


CHARTER  OF  NEW  YORK  CITY. 


295 


other  persons  convicted  upon  a  charge  of  vagrancy,  includ- 
ing persons  convicted  as  prostitutes  and  not  committed  to  a 
reformatory  as  hereinafter  provided  shail  be  committed,  in 
the  boroughs  of  Manhattan  and  The  Bronx,  to  the  work- 
house on  Blackwell's  Island,  in  the  Borough  of  Brooklyn  to 
the  penitentiary  of  said  borough,  and  in  the  other  boroughs 
of  said  city  to  a  county  jail,  for  the  term  of  six  months.  Upon 
a  charge  of  pubhc  intoxication  or  disorderly  conduct,  the 
court  or  magistrate  may  impose  a  penalty  as  follows : 

1.  Commit  the  person  so  convicted  in  the  boroughs  of 
Manhattan  and  The  Bronx,  to  the  workhouse,  in  the  bor- 
ough of  Brooklyn  to  the  penitentiary  of  said  borough,  and  in 
the  other  boroughs  of  the  said  city,  to  a  county  jail  or  to  said 
workhouse  or  to  said  penitentiary,  to  be  detained  for  the  term 
of  six  months. 

2.  Impose  a  fine  not  exceeding  ten  dollars.  Upon  the 
payment  of  the  fine  imposed,  the  person  so  convicted  shall  be 
forthwith  discharged  from  custody.  If,  in  the  judgment  of 
the  court  or  magistrate,  the  person  so  convicted  may  be  re- 
lied upon  to  pay  the  fine  imposed  within  a  reasonable  time, 
the  person  so  convicted  may  be  conditionally  released,  and 
shall  be  furnished  by  the  clerk  of  the  court  with  a  written 
certificate  that  he  is  released  upon  condition  that  the  fine  im- 
posed be  paid  into  court  within  a  time  to  be  named  in  the 
certificate.  If  the  fine  be  not  paid  within  such  time,  the 
court  or  magistrate  sitting  in  the  magistrate's  court  in  which 
such  conviction  was  had,  shall  issue  a  warrant  for  the  arrest 
of  such  person,  and  shall  commit  him  pursuant  to  the  provi- 
sions of  this  section,  as  to  commitment  in  case  of  the  non- 
payment of  a  fine  imposed,  in  the  same  manner  as  if  he  had 
not  theretofore  been  conditionally  released.  If  the  fine  im- 
posed be  not  paid  forthwith,  the  person  so  fined  shall,  if  he  be 
not  conditionally  released  as  hereinabove  provided,  be  com- 
mitted in  the  boroughs  of  Manhattan  and  The  Bronx  to  a  city 
prison  or  county  jail,  and  in  the  other  boroughs  of  said  city  to 
the  county  jail  of  the  county  in  which  he  shall  have  been  con- 
victed, for  not  exceeding  ten  days,  each  day  of  imprisonment 
to  be  taken  as  a  liquidation  of  one  dollar  of  the  fine. 

3.  Require  any  person  convicted  of  disorderly  conduct  to 
give  sufficient  surety  or  sureties  for  his  good  behavior  for  a 
period  of  time,  to  be  recited  in  the  commitment,  of  not  more 
than  six  months.  In  default  of  giving  such  surety  forthwith, 
the  court  or  magistrate  shall  commit  such  person,  in 
the  boroughs  of  Manhattan  and  the  Bronx  to  the  city  prison, 


29'6 


LAWS  OF  NEW  YORK. 


to  be  thereafter  transferred  to  and  detained  in  the  workhouse, 
in  the  borough  of  Brooklyn  to  the  penitentiary,  and  ni  the 
other  boroughs  of  said  city  to  the  county  jail  of  the  county 
in  which  he  shall  have  been  convicted  or  to  said  workhouse 
or  to  said  penitentiary  to  be  there  detained,  unless  sooner  dis- 
charged pursuant  to  section  seven  hundred  and  eleven  of  this 
act,  until  such  surety  is  furnished,  or  until  the  expiration  of 
the  period  of  time  fixed  by  said  commitment  as  aforesaid. 

4.  Nothing  in  this  section  contained  shall  be  so  construed 
as  to  prevent  any  court  or  magistrate  from  committing  any 
person  so  convicted  to  any  state  institution  to  which,  and  for 
any  term  longer  than  six  months,  such  magistrate  may  now 
be  authorized  to  commit  by  law. 

5.  Any  court  or  magistrate  may  suspend  sentence  in  the 
case  of  any  person  convicted  as  in  this  section  provided  and 
release  such  person  upon  probation  upon  such  terms  and  con- 
ditions, and  for  such  period  of  time,  not  exceeding  six  months, 
as  the  court  or  magistrate  may  deem  best.  A  person  released 
on  probation  in  accordance  with  the  provisions  of  this  section 
shall  be  placed  under  the  charge  and  supervision  of  a  proba- 
tion officer,  to  be  appointed  as  provided  in  this  section,  and 
shall  be  furnished  by  the  clerk  of  the  court  with  a  written 
statement  of  the  terms  and  conditions  of  his  release.  If  at 
any  time  during  the  probationary  term  of  a  person  convicted 
and  released  under  the  provisions  of  this  section  it  shall  appear 
to  the  court  before  which,  or  the  magistrate  sitting  in  the 
magistrate's  court  in  which  the  person  so  convicted  was  con- 
victed, by  report  of  the  probation  of¥icer  under  whose  care 
such  person  was  placed,  or  otherwise,  that  such  person  has 
violated  any  of  the  terms  or  conditions  of  his  release,  the  said 
court  or  magistrate  may  issue  a  warrant  for  the  arrest  of  such 
person,  and  if  it  shall  appear  that  such  violation  has  occurred, 
it  or  he  may  commit  him  in  accordance  with  the  provisions  of 
this  section  in  the  same  manner  as  if  such  person  had  not 
theretofore  been  released  upon  probation. 

6.  The  court  of  special  sessions  of  each  division  of  The 
City  of  New  York,  and  the  board  of  city  magistrates  of  each 
division  of  The  City  of  New  York,  shall  have  authority  to  ap- 
point such  number  of  discreet  persons  of  good  character,  either 
men  or  women,  to  serve  as  probation  officers,  as  said  courts  or 
boards  may  deem  necessary,  to  serve  during  the  pleasure  of 
the  court  or  board  of  magistrates  appointing  them  and  without 
compensation.  The  board  of  city  magistrates  of  each  division 
of  The  City  of  New  York  shall  assign  the  probation  of!icers 


CHARTER  OF  NEW  YORK  CITY. 


2^7 


appointed  by  it  to  the  various  city  magistrates'  courts  in  its 
division,  and  each  probation  officer  shall  act  only  as  an  officer 
of  the  city  magistrates'  court  to  which  he  is  so  assigned.  The 
court  of  special  sessions  of  the  second  division  of  The  City  of 
New  York  shall  assign  the  probation  officers  appointed  by  it  to 
each  of  the  three  boroughs  in  that  division,  and  each  proba- 
tion officer  so  assigned  shall  act  only  as  an  officer  of  the  court 
of  special,  sessions  of  the  second  division,  in  the  borough  to 
which  he  is  so  assigned. 

7.  It  shall  be  the  duty  of  the  probation  officers  appointed 
under  the  provisions  of  this  section  to  supervise  the  conduct  of 
each  person  placed  under  their  charge  respectively,  and  to 
report  any  violation  by  any  such  person  of  the  terms  and  con- 
ditions of  his  release;  to  make  such  investigation  as  may  be 
required  by  the  court  or  magistrate  in  the  case  of  any  person 
accused  or  convicted  of  public  intoxication,  disorderly  conduct 
or  vagrancy,  and  to  furnish  such  information  as  may  be  neces- 
sary to  assist  the  court  or  magistrate  in  making  a  proper 
disposition  of  each  case;  and  to  render  such  assistance  and 
advice  to  the  persons  placed  under  their  charge  as  each  case 
may  require.  If  two  or  more  probation  officers  are  attached 
to  any  court  of  special  sessions  or  city  magistrates'  court,  the 
court  or  magistrate  shall  designate  the  officer  under  whose 
charge  each  person  on  probation  shall  be' placed. 

Superintendent  of  the  workhouse;  reports. 

§  708.  It  shall  be  the  duty  of  the  superintendent  of  the 
workhouse  to  ascertain  from  the  records  thereof  and  from 
examination  and  inspection  of  the  person  committed  as  afore- 
said whether  such  person  has  since  April  fourth,  eighteen 
hundred  and  ninety-five,  and  within  two  years  next  preced- 
ing the  date  of  his  commitment,  been  previously  committed 
to  such  institution  upon  conviction  of  public  intoxication, 
disorderly  conduct  or  vagrancy.  Within  twenty-four  hours 
after  the  coijimitment  of  any  such  person  to  the  workhouse, 
the  said  superintendent  shall  transmit  to  the  commissioner  a 
written  statement  showing  the  name,  sex,  age,  residence, 
occupation,  height,  weight  and  the  color  of  the  hair  of  any 
such  person,  and  describing  any  scars,  marks  or  deformities, 
or  other  signs  whereby  such  person  may  subsequently  be 
identified,  the  date  of  the  commitment,  the  offense  for  which 
such  person  was  committed,  and  the  name  of  the  magistrate 
by  whom  the  commitment  was  made.    Such  statement  shall 


298 


LAWS  OF  NEW  YORK. 


also  show  whether  such  person  has  been  previously  com- 
mitted to  such  institution  within  the  period,  and  for  any  one 
of  the  causes  above  specified,  and,  if  so,  the  number  Of  times 
that  such  person  has  been  so  committed  during  such  period, 
the  date  of  the  last  previous  commitment  of  such  person  for 
either  of  said  offenses,  the  name  of  the  magistrate  by  whom 
and  the  offense  for  which  such  last  previous  commitment 
was  made,  and  the  period  of  detention  under  ^uch  last 
previous  commitment. 

Record  of  persons  committed. 

§  709.  It  shall  be  the  duty  of  the  commissioner  to  keep  a 
book  or  books,  card  index  or  other  register  in  which  shall  be 
properly  recorded  the  names  of  all»  persons,  whose  commit- 
ments have  been  certified  to  him  as  required  by  section  seven 
hundred  and  eight  of  this  act,  and  all  other  facts  which  shall 
be  certified  to  him  as  herein  required  by  the  superin- 
tendent, warden  or  sheriff  having  charge  of  the  institution 
to  which  such  person  shall  have  been  committed.  Such 
book  or  books,  index  or  register,  are  hereby  declared  to  be 
public  records  and  shall  be  open  to  public  inspection,  and 
snail  be  indexed  and  kept  so  as  to  show  whether  any  person 
whose  commitments  have  been  so  certified  to  him  have  been 
previously  committed  after  January  first,  nineteen  hundred 
and  two,  and  within  two  years  next  preceding  such  commit- 
ment for  any  of  the  causes  herein  specified. 

Time  of  discharge;  how  to  be  ascertained. 

§  710.  Within  three  days  after  the  commitment  of  any 
person  upon  a  conviction  of  vagrancy  or  under  subdivision  one 
of  section  seven  hundred  and  seven  of  this  act  it  shall  be 
the  duty  of  the  commissioner  to  ascertain  from  the  afore- 
said records  whether  such  person  has  been  committed 
to  the  workhouse,  penitentiary  or  county  jail  after  January 
first,  nineteen  hundred  and  two,  and  within  two'  years  next 
preceding  the  date  of  such  commitment,  for  public  intoxication, 
disorderly  conduct  or  vagrancy,  and  to  make  a  written  order 
specifying  the  date  at  which  such  person  shall  be  discharged, 
as  follows,  namely:  In  the  case  of  a  person  who  has  not  pre- 
viously been  committed  for  any  one  of  the  offenses  herein 
specified  within  two  years  next  precedingf  the  date  of  his  last 
commitment  and  after  January  first,  nineteen  hundred  and 


CHARTER  OF  NEW  YORK  CITY. 


299 


two,  the  said  order  shall  direct  that  such  person  shall  be  dis- 
charged at  the  expiration  of  five  days  from  the  date  of  his 
commitment;  in  the  case  of  a  person  who  has  been  committed 
once  before  within  the  period  of  two  years  next  preceding 
the  date  of  his  commitment  and  after  January  first,  nineteen 
hundred  and  two,  for  any  of  the  offenses  herein  specified,  the 
said  order  shall  direct  that  such  person  shall  be  discharged  at 
the  expiration  of  twenty  days  from  the  date  of  his  commit- 
ment; and  in  case  of  a  person  who  has  been  committed 
more  than  once  during  the  two  years  next  preced- 
ing the  date  of  his  commitment,  and  after  January 
first,  nineteen  hundred  and  two,  for  any  of  the  offenses 
herein  specified,  the  said  order  shall  direct  that  such  person 
be  discharged  at  the  expiration  of  a  period  equal  to  twice  the 
term  of  his  detention  under  the  last  previous  commitment,  but 
not,  in  any  event,  exceeding  the  period  fixed  by  the  warrant 
of  commitment,  provided,  however:  First,  that  in  case  of  a 
person  committed  upon  conviction  of  vagrancy  no  order  for 
the  discharge  of  such  person  before  the  period  fixed  by  the 
warrant  of  commitment  shall  be  made  without  the  written 
consent,  endorsed  upon  such  order,  of  the  court  or  magis- 
trate by  which  or  whom  such  vagrant  was  committed.  Sec- 
ond, that  whenever  the  period  of  detention  of  any  such  person 
under  his  last  previous  commitment  shall  have  exceeded  the 
period  of  detention  provided  for  by  this  section, 
either  by  reason  of  his  detention  on  failure  to  fur- 
nish security  for  his  good  behavior  or  by  reason  of 
the  detention  of  such  person  upon  a  conviction  of 
vagrancy,  beyond  the  period  of  detention  so  provided  for, 
or  by  the  ceasing,  as  hereinafter  provided,  of  the  right  of  such 
person  to  be  discharged  before  the  expiration  of  the  full  period 
fixed  by  the  original  warrant  of  commitment,  then  such  excess 
of  detention  under  his  last  previous  commitment  shall  not  be 
considered  by  the  commissioner  in  determining  the  date  of 
his  discharge  under  the  existing  commitment.  Third,  in 
specifying  the  date  at  which  such  person  shall  be  discharged, 
the  commissioner  shall  not  consider  the  records  of  any  other 
institution  than  that  to  which  such  person  has  been  committed 
by  the  existing  commitment.  The  said  order  shall  also  con- 
tain with  respect  to  the  person  thereby  discharged  the  dates  of 
any  of  his  previous  commitments  after  January  first,  nineteen 
hundred  and  two,  and  within  two  years  next  preceding  the 
date  of  the  existing  commitment,  and  also  the  actual  periods 


300 


LAWS  OF  NEW  YORK. 


of  detention  under  any  such  previous  commitments,  and  the 
said  order  shall  forthwith  be  transmitted  to  the  superintendent, 
warden  or  sheriff  having  charge  of  the  institution  to  which 
such  person  has  been  committed,  who  shall  discharge  such 
person  accordingly.    It  shall  be  the  duty^  of  the  said  super- 
intendent, warden  or  sheriff,  as  the  case  may  be,  whenever 
the  date  of  discharge  named  in  such  order  is  more  than  five 
days  from  the  date  of  the  warrant  of  commitment,  to  serve, 
within  twenty-four  hours  thereafter,  a  copy  of  said  order  and 
section  seven  hundred  and  ten  of  this  act  upon  the  person 
named  therein,  and  such  person  may,  within  twenty-four  hours 
after  such  service,  notify  the  superintendent,  warden  or  sheriff, 
in  writing,  that  he  claims  the  date  of  discharge  named  in  the 
said  order  to  be  erroneous,  for  the  reason  that  he  has  not  in 
fact  been  previously  committed  upon  one  or  more  of  the  dates 
specified  in  said  order  as  those  of  his  previous  commitments 
under  section  seven  hundred  and  seven  of  this  act.  Upon 
receipt  of  such  notification,  the  superintendent,  warden  or 
sheriff  shall  cause  such  person  to  be  again  brought  before  the 
court  or  magistrate  by  which  or  whom  he  was  last  committed. 
If  such  court  be  not  then  in  session,  or  if  such  magistrate  be 
not  then  sitting,  then  such  person  shall  be  brought  before  any 
magistrate  sitting  in  the  borough  in  which  such  person  was 
last  committed.    No  such  person  shall  be  so  brought  before 
the  court  or  magistrate,  except  upon  twenty-four  hours'  notice 
and  after  an  opportunity  has  been  given  him  to  retain  counsel 
and  subpoena  such  witnesses  as  he  desires.    It  shall  be  the 
duty  of  the  court  or  magistrate  before  which  or  whom  such 
person  is  brought  thereupon  to  hear  and  determine  the  ques- 
tion whether  such  person  has  in  fact  been  previously  com- 
mitted at  the  dates  and  detained  for  the  periods  named  in  said 
order,  and  to  make  an  order  modifying  said  order  so  as  to 
provide  for  a  date  of  discharge  under  the  last  commitment, 
in  accordance  with  the  facts  and  according  to  the  provisions 
established  by  this  section  for  the  guidance  of  the  commis- 
sioner.   If  upon  the  hearing,  the  said  court  or  magistrate 
shall  determine  that  the  facts  recited  in  the  said  order  are  true, 
he  shall  make  a  written  finding  to  that  effect,  and  thereupon 
any  right  of  the  prisoner  to  be  discharged  before  the  expira- 
tion of  the  full  period  fixed  by  the  original  warrant  of  commit- 
ment shall  cease,  and  the  said  prisoner  shall  be  detained  until 
the  expiration  of  said  period.    The  date  of  any  order  made 
pursuant  to  this  section  and  the  name  of  the  person  whose 


CHARTER  OF  NEW  YORK  CITY. 


301 


period  of  detention  is  fixed  thereby,  and  the  period  of  deten- 
tion therein  specified  shall  be  entered  in  the  records  required 
to  be  kept  by  section  seven  hundred  and  nine  of  this  act,  and 
the  said  order  shall  forthwith  be  transmitted  to  the  superin- 
tendent of  the  workhouse.  Upon  the  expiration  of  the  term 
of  detention  of  any  such  person  and  upon  the  dis- 
charge of  the  person  named  therein,  it  shall  be  the  duty 
of  such  superintendent,  warden  or  sheriff,  as  the  case  may  be, 
forthwith  to  return  such  order,  with  a  written  certificate 
endorsed  thereon,  specifying  the  date  of  the  discharge  of  the 
person  named  therein,  to  the  commissioner,  who  shall  preserve 
the  same  as  a  public  record. 

Discharge  of  persons  committed. 

§711.  In  any  case  where  a  person  has  been  committed- 
under  subdivision  three  of  section  seven  hundred  and  seven 
of  this  act,  and  in  any  case  coming  under  section  seven  hun- 
■dred  and  ten  of  this  act,  where  the  date  of  discharge 
named  in  the  commissioner's  order  shall  be  more  than 
twenty  days  and  less  than  one  hundred  and  sixty  days  after 
the  date  of  the  last  warrant  of  commitment,  the  magistrate 
who  signed  the  last  warrant  of  commitment,  may,  after  the 
expiration  of  twenty  days,  direct  the  discharge  of  any 
person  so  committed,  but  no  such  order  shall  be 
granted  by  any  magistrate  in  any  case  where  the  order  of  the 
commissioner  has  been  reviewed  by  a  court  or  magistrate 
as  provided  by  section  seven  hundred  and  ten  of  this  act,  and 
the  facts  recited  therein  have  been  found  to  be  true,  nor  shall 
such  order  be  granted  by  any  magistrate  except  upon  the 
written  certificate  of  the  commissioner  specifying  the 
date  of  discharge  named  by  him  for  the  person  so 
•committed,  and  upon  an  affidavit  setting  forth  facts 
which,  in  the  opinion  of  said  magistrate,  shall  justify 
such  discharge.  The  said  affidavit  and  certificate  shall  be 
filed  and  preserved  with  the  complaint  upon  which  such  per- 
son was  last  convicted.  Upon  any  subsequent  commitment 
upon  a  conviction  of  vagrancy  or  under  subdivision  one  of 
section  seven  hundred  and  seven  of  this  act  of  a  person  so 
discharged,  the  commissioner  shall  direct  the  discharge  of 
such  person  after  the  expiration  cf  the  term  for  which  he 
would  have  been  detained  under  the  existing  commitment 
if  no  such  order  had  been  granted. 


302 


LAWS  OF  NEW  YORK. 


Transfer  of  inmates  by  commissioner. 

§  712.  The  commissioner  may  transfer  and  commit  and 
cause  to  be  transferred  and  committed  from  the  workhouse 
to  the  city  prison,  or  to  either  of  the  penitentiaries 
or  to  any  other  of  the  institutions  in  the  department, 
any  person  committed  to  the  workhouse  under  section  seven 
hundred  and  seven  of  this  act,  whenever  such  transfer  shall 
be  necessary  for  the  proper  care  and  management  of  such 
city  prison,  penitentiaries  or  other  institution  or  for 
the  proper  employment  of  such  person.  The  com- 
missioner may  also  transfer  and  commit  and  cause  to  be 
transferred  from  the  workhouse  to  the  city  prison  or  said 
penitentiaries  any  person  committed  to  the  workhouse 
under  section  seven  hundred  and  seven  of  this  act, 
whenever,  by  reason  of  the  number  of  offenders  actually 
detained  in  such  workhouse  at  any  time,  there  shall  not  be 
accommodation  therem  for  all  the  persons  committed  there- 
to; and  in  like  manner  the  commissioner  may  in  his  discre- 
tion transfer  prisoners  from  one  penitentiary  to  another 
penitentiary  within  the  department  or  from  one  district 
prison,  to  another  district  prison  within  the  department. 
The  commissioner  may  also  transfer  and  commit  or  cause 
to  be  transferred  and  committed  from  the  city  prison  or 
either  of  said  penitentiaries  to  the  workhouse  to  be  detained 
and  employed  therein  any  person  who  shall  have  been  duly 
committed  thereto. 

Alteration  and  repair  of  buildings. 

§  713.  Whenever  the  increase  of  inmates  in  or  the  proper 
care  and  government  of  the  institutions  in  the  department 
shall  in  the  judgment  of  the  commissioner  render  it  neces- 
sary or  expedient,  he  shall  have  power  to  enlarge  or  alter  the 
building  or  buildings  occupied  by  such  institutions;  and  he 
shall  also  have  power  to  make  all  needful  repairs  to  such 
buildings  and  the  appurtenances  thereto,  provided  that  an 
appropriation  has  been  made  therefor.  The  commissioner 
shall  when  practicable  cause  the  work  of  such  alterations  or 
repairs  to  be  done  by  persons  confined  in  such  institutions. 

Additional  gifts  to  be  given  to  inmates  on  discharge. 

§  714.  In  addition  to  the  donations,  provided  by  the  gen- 
eral laws  of  the  state,  to  be  given  to  inmates  of  penal  institu- 
tions upon  their  discharge,  the  commissioner  of  correc- 
tion shall  donate  to  each  inmate  serving  a  term  longer  than 
three  years  the  sum  of  five  dollars  upon  his  discharge. 


CHARTER  OF  NEW  YORK  CITY.  303 


CHAPTER  XV. 

Fire  Department. 

Title  I.  Organization,  duties  and  powers  of  officers  and  men. 
Title  2.  Fires  and  their  extinction. 

Title  3.  Prevention  of  fires ;  explosives  and  combustible  mater- 
ials. 

Title  4.  Fire  marshals,  and  investigations  of  origin  of  fires. 

Title  5.  Relief  fund  and  pensions. 

Title  6.  Tax  upon  foreign  insurance  companies. 


TITLE  I. 

Organizations,  Duties  and  Powers  of  its  Officers  and  Men, 

Fire  commissioner;  salary. 

§  720.  The  head  of  the  fire  department  shall  be  called  the 
fire  commissioner.  He  shall  be  appointed  by  the 
mayor,  and  hold  his  office  as  provided  in  chapter  four  of  this 
act.  The  salary  of  the  fire  commissioner  shall  be  seven  thou- 
sand five  hundred  dollars  a  year. 

Office  in  the  borough  of  Brooklyn. 

§  721.  The  fire  commissioner  shall  appoint  a  deputy  com- 
missioner, who  shall  be  seated  at  the  office  of  the  fire  depart- 
ment in  the  borough  of  Brooklyn,  through  whom  such  busi- 
ness, duties  and  powers  of  the  fire  department  in  the  bor- 
oughs of  Brooklyn  and  Queens  shall  be  conducted,  per- 
formed and  exercised,  as  may  be  directed  by  the  fire  com- 
missioner. The  deputy  commissioner  shall,  during  the  ab- 
sence or  disability  of  the  commissioner,  possess  all  the  pow- 
ers and  perform  all  the  duties  of  the  commissioner,  through- 
out the  city,  except  the  power  of  making  appointments. 

Consolidation  of  departments;  volunteer  departments. 

§  722.  The  officers  and  members  of  the  uniformed  force 
and  legally  appointed  firemen  in  the  corporation  formerly 
known  as  the  mayor,  aldermen  and  commonalty  of  the  city  of 
New  York,  and  in  the  city  of  Brooklyn  and  in  the  city  of  Long 
Island  City  are  hereby  made  members  of  the  fire  department 
of  The  City  of  New  York,  as  hereby  constituted,  and  shall  be 
assigned  to  duty  therein  by  the  fire  commissioner,  with  the 
rank  and  grade  now  held  by  them  respectively,  as  nearly  as 
may  be  practicable.    The  paid  fire  department  system  shall, 


304 


LAWS  OF  NEW  YORK. 


as  soon  as  practicable,  be  extended  over  the  boroughs  of 
Queens  and  Richmond,  by  the  fire  commissioner,  and  there- 
upon the  present  volunteer  fire  departments  now  maintained 
therein  shall  be  disbanded.  Any  real  property  and  likewise 
any  apparatus,  equipment  or  other  personal  property  owned 
or  used  by  said  volunteer  forces  which  may  be  deemed  useful 
or  necessary  for  the  use  of  the  fire  department,  shall,  upon 
extension  of  the  paid  system  to  the  boroughs  of  Queens  and 
Richmond,  respectively,  be  purchased  by  the  fire  commissioner 
at  the  reasonable  value  thereof.  In  the  meantime,  and  until 
the  said  paid  fire  department  shall  be  extended  over  said  terri- 
tory as  herein  provided,  said  volunteer  fire  companies  shall 
continue  to  discharge  the  duties  for  which  they  have  been 
associated  or  incorporated,  and  said  companies  shall  receive 
from  the  city  such  sums  as  are  now  awarded  to  them  by  the 
villages  or  towns  in  which  they  are  respectively  located,  ex- 
cept that  in  the  boroughs  of  Richmond  and  Queens,  there 
shall  be  paid  on  the  first  day  of  June  in  each  year  to  the 
treasurers  of  the  several  volunteer  fire  companies,  by  the 
comptroller  of  The  City  of  New  York,  the  following  sums: 
to  the  treasurer  of  an  engine  company  or  chemical  engine 
company,  twelve  hundred  dollars,  to  the  treasurer  of  a  hook 
and  ladder  company  ten  hundred  dollars,  to  the  treasurer  of 
a  hose  company  eight  hundred  dollars,  and  to  the  treasurer  of 
a  patrol  company  eight  hundred  dollars.  Whenever  hereafter 
the  paid  fire  department  shall  be  extended  into  any  part  of  the 
territory  of  The  City  of  New  York,  as  hereby  constituted, 
in  which  now  or  hereafter  there  shall  exist  a  volunteer  fire 
department,  such  members  of  said  volunteer  fire  department 
in  said  locality  as  may  be  in  active  service  shall,  so  far  as  prac- 
ticable, be  preferred  for  appointment  as  firemen  in  the  paid 
department  and  the  volunteer  benevolent  associations  existing 
within  said  territory  shall  possess  all  the  privileges,  and  be 
entitled  to  all  the  rights  now  conferred  by  law  on  such  asso- 
ciations. The  board  of  estimate  and  apportionment  may,  in 
its  discretion,  appropriate  such  sum  of  money  as  they  may 
deem  necessary  for  the  purchase  of  apparatus  for  use  of  the 
several  volunteer  companies  in  the  borous^hs  of  Richmond 
and  Queens,  and  for  the  maintenance  of  fire  alarm  systems 
in  such  boroughs.  The  certificate  of  incorporation  of  any  new 
volunteer  fire  company  in  The  City  of  New  York  shall,  in  ad- 
dition to  the  requirements  therefor  provided  in  the  general 
laws  of  the  state,  also  require  the  approval  of  the  fire  com- 
missioner. 


CHARTER  OF  NEW  YORK  CITY. 


305 


Treasurer. 

§  723.  The  fire  commissioner  shall  be  the  treasurer  of  the 
fire  department,  and  shall  file  in  the  office  of  the  comptroller 
a  bond  in  the  sum  of  twenty  thousand  dollars  for  the  faithful 
performance  of  his  duties  as  such  treasurer. 

Powers. 

'  n.  /  f 

§  724.  The  fire  commissioner  shall  possess  and  exercise  fully 
and  exclusively  all  powers,  and  perform  all  duties  for  the  gov- 
ernment, management,  maintenance,  and  direction  of  the  fire 
department  of  the  city,  and  the  premises  and  property  thereof. 
The  said  department  shall  have  sole  and  exclusive  power  and 
authority  to  extinguish  fires  in  said  city.  All  real  estate,  fire 
apparatus,  hose,  implements,  tools,  bells,  and  bell-towers,  fire 
telegraph,  and  all  property  of  whatever  nature,  in  use  by  the 
firemen  or  fire  department  of  the  city,  belonging  to  said  city, 
shall  be  in  the  keeping  and  custody  of  the  fire  department,  and 
for  the  use  of  said  department.  But  the  said  property  shall 
remain  the  property  of  The  City  of  New  York,  subject  to  the 
public  uses  of  said  department,  as  aforesaid  and  for  the  pur- 
poses provided  by  this  chapter.  And  whenever  any  of  the 
said  property  shall  no  longer  be  needed  by  the  said  department 
for  the  purposes  of  this  chapter,  the  commissioner  shall  sur- 
render the  same  to  the  city. 

Horses,  apparatus,  etc.,  to  be  provided. 

§  72.S.  The  fire  commissioner  shall,  subject  to  the  other 
provisions  of  this  act,  have  full  power  to  provide  supplies, 
horses,  tools,  implements,  and  apparatus  of  any  and  all  kinds 
(to  be  used  in  the  extinguishing  of  fires),  and  fire  telegraphs, 
to  provide  suitable  locations  for  the  same,  and  to  buy,  sell, 
construct,  repair,  and  have  the  care  of  the  same,  and  take 
any  and  all  such  action  in  the  premises  as  may  be  reasonably 
necessary  and  proper. 

To  control  and  manage  property,  etc. 

§  726.  The  fire  commissioner  shall  possess  and  exercise 
full  and  exclusive  power  and  discretion  for  the  government, 
management,  maintenance  and  direction  of  the  several  build- 
ings and  premises,  and  bell-towers,  and  property,  and  ap- 
purtenances thereto,  and  all  apparatus,  hose,  implements, 
and  tools  of  any  and  all  kinds  which  may  belong  to  or  be  in 
the  use  of  the  said  department. 


30G 


LAWS  OF  NEW  YORIT 


Bureaus. 

§  727.  The  fire  commissioner  shall  have  power  to  organize 
the  fire  department  into  such  bureaus,  as  may  be  convenient 
and  necessary  for  the  performance  of  the  duties  imposed 
upon  him.  One  bureau  shall  be  charged  with  the  duty  of 
preventing  and  extinguishing  fires  and  of  protecting  prop- 
erty from  water  used  at  fires,  the  principal  officer  of  which 
sliafi  be  called  the  chief  of  department."  Another  bureau 
shall  be  charged  with  the  execution  of  all  laws  relating  to  the 
storage,  sale,  and  use  of  combustible  materials,  the  principal 
officer  of  which  shall  be  called  "  inspector  of  combustibles/' 
The  salary  of  said  inspector  of  combustibles  shall  be  three 
thousand  dollars  a  year.  Another  bureau  shall  be  charged 
with  the  investigation  of  the  origin  and  cause  of  fires,  the 
principal  officers  of  which  shall  be  called  fire  marshals."  A 
branch  of  said  bureau  shall  be  located  in  the  borough  of 
Brooklyn. 

Selection  of  subordinates. 

§  728.  The  fire  commissioner  shall  have  power  to  select 
heads  of  bureaus  and  assistants  and  as  many  officers  and  fire- 
men as  may  be  necessary,  and  they  shall  at  all  times  be  under 
the  control  of  the  fire  commissioner,  and  shall  perform  such 
duties  as  may  be  assigned  to  them  by  him,  under  such  names 
or  titles  as  he  may  confer;  provided,  however,  that  assign- 
ments to  duty  and  promotions  in  the  uniformed  force  shall 
be  made  by  the  fire  commissioner  upon  the  recommendation 
of  the  chief  of  department,  and  in  case  any  recommendation 
so  made  by  the  chief  shall  be  rejected,  he  shall,  within  three 
days,  submit  another  name  or  names,  and  continue  so  to  do 
until  the  assignment  or  promotion  is  made.  Promotions  of 
officers  and  members  of  the  force  shall  be  made  by  the  fire 
commissioner  as  provided  in  section  one  hundred  and 
twenty-four  of  this  act  on  the  basis  of  seniority,  meritorious 
service  in  the  department  and  superior  capacity  as  shown  by 
competitive  examination.  Individual  acts  of  personal  bravery 
may  be  treated  as  an  element  of  meritorious  service  in  such  ex- 
amination, the  relative  rating  therefor  to  be  fixed  by  the 
municipal  civil  service  commission.  The  fire  commissioner 
shall  transmit  to  the  municipal  civil  service  commission  in 
advance  of  such  examination  the  complete  record  of  each 
candidate  for  promotion. 


CHARTER  OF  NEW  YORK  OITY.  807 


Location  of  fire  alarm  telegraph,  etc.;  penalty  for  interference  there- 
with. 

§  729.  The  fire  commissioner  shall  have  exclusive  right 
and  power  from  time  to  time  to  designate  and  fix  the  locatioa 
of  all  fire  alarm  telegraph,  signal  and  alarm  stations  in  the 
city,  and  to  have  access  to  and  the  control  of  the  same  for 
the  purposes  of  the  department;  to  fix  upon  and  adopt  the- 
colors  or  combination  of  colors  in  painting  the  poles,  boxes, 
and  fixtures  thereof,  and  the  kind  or  style  of  keys  and  appli* 
ances  by  which  to  operate  the  same ;  to  select  and  designate 
the  places  of  deposit  for  keeping  the  keys  of  the  various  sta- 
tions, and  to  designate  the  ofihcers  and  persons  who  shall  be 
intrusted  with  duplicate  keys  and  authorized  to  use  the  same, 
and  to  make  from  time  to  time  such  rules  and  regulations 
governing  the  possession,  return  or  use  thereof,  and  as  to 
the  use  and  control  of  said  telegraph,  as  he  may  deem  neces- 
sary; and  no  person  other  than  the  said  commissioner  or  the 
officers  and  employe  specially  authorized  to  operate  said 
telegraph,  or  to  use  the  same  for  instruction  or  drill,  or  po- 
licemen or  citizens  using  the  same  for  communicating  an 
actual  alarm  of  fire,  shall  make  use  thereof;  and  no  person 
shall  use  the  keys  or  appliances  thereof  for  communicating  a 
false  alarm,  or  experimenting  or  tampering  with  the  same 
for  any  purpose  whatever,  or  have  or  possess  any  key  thereof^ 
without  such  authority;  and  no  person,  association,  corpo- 
ration, or  company  shall  post,  paint,  impress,  or  in  any  way 
affix  to  any  pole  connected  with  said  fire-alarm  telegraph,  or 
any  box,  wire,  or  other  appliance  connected  therewith,  any 
placard,  sign,  broadside,  notice,  or  announcement  of  any 
kind,  or  cut,  mutilate,  alter,  mar,  deface,  cover,  obstruct  or 
interfere  with  the  same  in  any  manner  whatsoever,  or  paint 
or  cause  to  be  painted,  the  poles  of  any  other  telegraph,  or 
any  other  poles  on  the  lines  thereof,  of  a  similar  color  or 
colors,  or  in  imitation  thereof,  nor  consent,  allow,  or  be 
privy  to  any  of  said  things  being  done  for  them  or  upon  their 
behalf ;  and  any  offense  against  the  provisions  of  this  section 
shall  be  punished  as  a  misdemeanor,  and  subject  the  party  01- 
parties  violating  the  same  to  an  additional  penalty  of  one 
hundred  dollars.  No  kite  shall  be  flown,  raised,  or  put  up 
in  the  streets  or  avenues  adjacent  to  the  lines  of  said  tele- 
graph, or  allowed  to  become  entangled  with  the  wires  or  ap- 
paratus of  said  telegraph,  under  a  penalty  of  ten  dollars  for 
every  such  offense;  and  the  police  board  and  their  officers 
are  specially  charged  and  directed  to  aid  in  the  enforcement 
of  this  section. 


LAWS  OF  NEW  YORK. 


Business  offices;  seal. 

§  730.  The  said  fire  commissioner  shall,  subject  to  the 
other  provisions  of  this  act,  provide  such  offices  and  business 
accommodations  as  may  be  requisite  for  the  transaction  of 
the  business  of  the  department  and  that  of  its  subordinates. 
The  commissioner  may  adopt  a  common  seal  and  direct  its 
use. 

Suits  and  actions. 

§  731.  The  fire  commissioner  is  hereby  authorized,  em- 
powered, and  especially  charged  with  the  duties  of 
enforcing  the  several  provisions  of  this  chapter;  and 
said  fire  commissioner  is  hereby  authorized  and  em- 
powered to  receive  and  collect  all  license  fees  men- 
tioned in  this  chapter,  and  to  sue  for,  and  shall  have  the 
exclusive  right  of  recovery  of,  any  and  all  penalties  imposed 
under  this  chapter,  and  may  sue  for  and  recover  and  collect 
the  same,  with  costs,  in  the  manner  provided  for  in  actions 
under  the  code  of  civil  procedure,  and  shall  apply  the  same  to 
the  uses  and  purposes  of  the  relief  fund  of  the  fire  department 
in  The  City  of  New  York,  and  the  said  fire  commissioner  may 
bring  any  suit  or  action  for  the  enforcement  of  its  rights  and 
contracts,  and  for  the  protection,  possession,  and  maintenance 
of  the  property  under  the  control  of  said  department;  and  any 
action  to  recover  any  fee,  fine,  or  penalty  under  this  chapter 
may  be  brought  in  any  of  the  municipal  courts  in  said  city; 
and  the  assistant  corporation  counsel  assigned  to  the  fire  de- 
partment shall,  under  the  direction  of  the  fire  commissioner, 
take  charge  of  the  prosecution  of  all  suits  or  proceedings 
instituted  for  the  recovery  and  collection  of  penalties ;  and  the 
enforcement  of  the  several  provisions  of  this  chapter;  collect 
and  receive  all  moneys  upon  judgments,  suits,  or  proceedings 
so  instituted ;  pay  all  costs  and  disbursements,  and  discontinue 
suits  and  proceedings,  and  execute  satisfaction  of  judgments 
upon  payment  of  penalties  or  costs,  and  in  compliance  with 
orders  made  in  such  suits  and  proceedings;  shall  keep  a  cor- 
rect and  accurate  register  of  all  suits  and  proceedings,  and 
account  for  all  moneys  received  and  paid  out  thereon;  and 
shall  pay  over  to  the  treasurer  of  the  relief  fund  the  amount 
of  all  license  fees,  penalties,  and  moneys  received  and  collected 
by  him,  and  the  said  fire  commissioner  is  authorized  to  settle 
or  compromise  any  such  suit  or  judgment  for  less  than  the 
amount  of  the  same,  in  case,  in  his  judgment,  he  is  satisfied 
that  the  full  amount  cannot  be  collected. 


CHARTER  OF  NEW  YORK  CITY. 


309 


Members  ot  force  to  decline  nominations  to  office. 

§  732.  Any  officer  or  member  of  the  uniformed  force  of  said 
department  who  shall  be  publicly  nominated  for  any  ol'tice, 
elective  by  the  people,  and  who  shall  not  decline  the  said  nom- 
ination within  ten  days  succeeding  notice  of  the  same,  shall  be 
deemed  to  have  vacated  his  office  in  the  fire  department. 

Uniforms  and  badges. 

§  733.  It  shall  be  the  duty  of  the  fire  commissioner  to  make 
suitable  regulations  under  which  the  officers  and  men  of  the 
fire  department  shall  be  required  to  wear  an  appropriate  uni- 
form and  badge,  by  which  in  case  of  fire  and  at  other  times, 
the  authority  and  relations  of  such  officers  and  men  in  said 
department  may  be  known  as  the  exigency  of  their  duties  may 
require.  The  fire  commissioner  shall  select  the  grade  of 
cloth  and  quality  required  for  said  uniforms,  but  shall  not 
prescribe  where  or  of  whom  said  uniforms  or  uniform  cloth- 
ing shall  be  purchased,  or  the  price  to  be  paid  therefor,  and 
no  contractor  or  agent  or  employe  of  any  contractor  for  the 
making  of  uniforms  for  the  fire  department  shall  have  an 
office  within  any  building  belonging  to  or  under  the  control 
of  said  fire  department.  It  shall  be  a  misdemeanor,  punish- 
able by  imprisonment  for  a  period  of  not  less  than  sixty  days, 
for  a  person  not  enrolled  or  employed,  or  appointed  by  the  said 
department,  to  wear  the  whole  or  any  part  of  the  uniform  or 
insignia  prescribed  to  be  worn  by  the  rules  or  regulations  of 
the  fire  department,  or  do  any  act  as  fireman  not  duly  author- 
ized by  the  commissioner,  or  to  interfere  with  the  property  or 
apparatus  of  the  fire  department  in  any  manner  unless  by  the 
authority  of  the  fire  commissioner.  Any  person  who  shall 
falsely  represent  any  member  of  the  uniformed  force  of  the 
fire  department,  or  who  shall  maliciously,  with  intent  to  de- 
ceive, use,  or  imitate  any  of  the  signs,  fire  caps,  badges,  signals 
or  devices  adopted  or  used  by  the  said  department,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  subject  to  a 
fine  of  not  less  than  twenty-five  dollars  or  more  than  two  hun- 
dred and  fifty  dollars,  and  to  imprisonment  for  a  term  not  less 
than  ten  days,  or  more  than  three  months,  sdch  fines  when 
collected,  to  be  paid  over  to  the  trustees  of  the  New  York  fire 
department  relief  fund. 

Qualifications  of  force. 

§  734.  No  person  shall  be  appointed  to  membership  in  the 
fire  department  or  continue  to  hold  membership  therein,  who 


LAWS  OF  NEW  YORK. 


is  not  a  citizen  of  the  United  States,  or  who  has  ever  been 
convicted  of  felony;  nor  shall  any  person  be  appointed  who 
can  not  read  and  write  understanding^  the  English  lan- 
guage, or  who  shall  not  have  resided  within  the  state  one  year 
immediately  prior  to  his  appointment,  or  who  is  not  over  the 
age  of  twenty-one  and  under  the  age  of  thirty  years.  Every 
member  of  the  uniformed  force  shall  reside  within  the  limits 
of  The  City  of  New  York. 

Resignations  and  absences. 

§  735-  member  of  the  fire  department  shall,  under  pen- 
alty of  forfeiting  the  salary  or  pay  which  may  be  due  to  him, 
withdraw  or  resign,  except  by  permission  of  the  fire  commis- 
sioner. Unexplained  absence,  without  leave,  of  any  member 
of  the  uniformed  force,  for  five  days,  shall  be  deemed  and 
held  to  be  a  resignation  by  such  member,  and  accepted  as  such. 

Military  and  jury  duty;  arrest. 

§  736.  No  person  holding  office  under  this  department  shall 
be  liable  to  military  or  jury  duty,  nor  to  arrest  on  civil  process, 
or,  whilst  actually  on  duty,  to  service  of  subpoenas  from  civil 
courts. 

Warrants  of  appointment. 

§  737.  Every  member  of  the  uniformed  force  shall  have 
issued  to  him  a  proper  warrant  of  appointment  signed  by  the 
.fire  commissioner. 

Oaths  of  office. 

§  738.  Each  member  of  the  uniformed  force  shall  take  an 
oath  of  office,  and  subscribe  the  same  before  an  officer  of  the 
department  empowered  to  administer  an  oath. 

Discipline,  etc* 

§  739.  The  government  and  discipline  of  the  fire  depart- 
ment shall  be  such  as  the  fire  commissioner  may,  from  time 
to  time,  by  rules,  regulations,  and  orders  prescribe.  The  fire 
commissioner  shall  have  power,  in  his  discretion,  on  convic- 
tion of  a  member  of  the  force  of  any  legal  offense  or  neglect 
of  duty,  or  violation  af  rules,  or  neglect  or  disobedience  of 
orders,  or  incapacity,  or  absence  without  leave,  or  any  con- 
duct injurious  to  the  public  peace,  or  welfare,  or  immoral 


CHARTER  OF  NEW  YORK  CITY. 


311 


conduct,  or  conduct  unbecoming  an  officer  or  member  or  other 
breach  of  discipHne,  to  punish  the  offending  party,  by  repri- 
mand, forfeiting  and  withholding  pay  for  a  specified  time, 
or  dismissal  from  the  force ;  but  no  more  than  ten  days'  pay 
shall  be  forfeited  and  withheld  for  any  offense.  Officers  and 
members  of  the  uniformed  force  shall  be  removable  only  after 
written  charges  shall  have  been  preferred  against  them,  and 
after  the  charges  shall  have  been  publicly  examined  into,  upon 
such  reasonable  notice  of  not  less  than  forty-eight  hours  to 
the  person  charged,  and  in  such  manner  of  examination  as  the 
rules  and  regulations  of  the  fire  commissioner  may  prescribe. 
The  trial  of  any  member  of  the  uniformed  force  upon  charges 
shall  be  held  in  the  borough  within  which  the  accused  member 
was  serving  at  the  time  the  charge  was  preferred.  The  exam- 
ination into  such  charges  shall  be  conducted  by  the  fire  com- 
missioner or  by  a  deputy  commissioner;  but  no  decision 
shall  be  final  or  be  enforced,  until  approved  by  the  fire  commis- 
sioner. No  member  of  the  uniformed  force  shall 
be  permitted  to  contribute  any  moneys  directly  or  indirectly 
to  any  political  fund,  or  to  join  or  become  or  be  a  member  of 
any  political  club  or  association,  or  of  any  club  or  association 
intended  to  affect  legislation  for  or  on  behalf  of  the  fire  depart- 
ment or  any  officer  or  member  thereof,  or  to  contribute  any 
money  directly  or  indirectly  for  such  purpose.  The  rules  and 
regulations  now  in  force  shall  continue  in  force  until  modified 
or  repealed  by  said  commissioner.  The  rules  and  regulations 
of  the  fire  department,  as  established  from  time  to  time  by 
the  fire  commissioner,  shall  be  printed,  published  and  circu- 
lated among  the  officers  and  members  of  said  department. 

Grades,  ranks  and  salaries  of  officers  and  members  of  the  uniformed 
force. 

§  740.  The  ranks  and  salaries  of  officers  of  the  fire  depart- 
ment shall  be  as  follows :  Chief  of  department,  whose  annual 
salary  shall  be  not  more  than  six  thousand  dollars;  deputy 
chiefs  of  department,  whose  annual  salary  shall  be  not  more 
than  four  thousand  two  hundred  dollars;  battalion  chiefs, 
whose  annual  salary  shall  be  not  more  than  three  thousand 
three  hundred  dollars;  captains  or  foremen  of  companies, 
whose  annual  salary  shall  be  not  more  than  two  thousand  one 
hundred  and  sixty  dollars;  lieutenants  or  assistant  foremen  of 
companies,  whose  annual  salary  shall  be  not  more  than 
eighteen  hundred  dollars;  engineers  of  steamers,  whose 
annual  salary  shall  be  one  thousand  six  hundred  dollars. 


312 


LAWS  OF  NEW  YORK. 


From  and  after  January  first,  eighteen  hundred  and  ninety- 
eight,  the  uniformed  members  of  the  fire  department  who  are 
firemen  shall  be  divided  into  four  grades,  to  wit,  first,  second, 
third  and  fourth,  and  shall  receive  an  annual  pay  or  compensa- 
tion as  follows :  Members  of  the  first  grade,  fourteen  hundred 
dollars;  members  of  the  second  grade,  twelve  hundred  dollars; 
members  of  the  third  grade,  one  thousand  dollars,  and  mem- 
bers of  the  fourth  grade,  eight  hundred  dollars.    The  members 
of  the  uniformed  force  who  are  appointed  after  January  first, 
eighteen  hundred  and  ninety-eight,  shall  be  assigned  to  the 
fourth  grade;  after  one  year  of  service  in  the  fourth  grade, 
they  shall  be  advanced  to  the  third  grade;  after  one  year  of 
service  in  the  third  grade,  they  shall  be  advanced  to  the  second 
grade ;  after  one  year  of  service  in  the  second  grade,  they  shall 
be  advanced  to  the  first  grade,  and  they  shall  in  each  instance 
receive  the  annual  pay  or  compensation  of  the  grade  to  which 
they  belong  as  herein  provided.    All  persons  who,  when  this 
act  takes  effect,  are  firemen  in  the  uniformed  force  of  the  fire 
department  of  the  corporation  heretofore  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New  York,  or  of  the 
city  of  Brooklyn,  or  of  the  corporation  heretofore  known  as 
Long  Island  City,  shall  thereupon  become  firemen  of  that 
grade  having  a  salary  thereto  attached  equal  to  the  salary  or 
compensation  paid  such  firemen,  respectively,  at  the  time  of 
the  taking  effect  of  this  act ;  provided,  however,  that  any  such 
fireman  who  has  been  a  member  of  the  uniformed  force  in  the 
city  of  Brooklyn,  or  in  Long  Island  City,  whose  salary  falls 
between  any  two  of  the  grades  hereby  established,  shall  within 
three  years  have  his  salary  made  equal  to  the  salary  of  the 
first  grade  by  equal  annual  additions.    Nothing  in  this  section 
contained  shall  be  construed  to  change  in  any  way  the  salaries 
or  grading,  present  or  prospective,  of  the  firemen  who  are  or 
shall  become  members  of  the  uniformed  force  of  the  New 
York  fire  department  prior  to  January  first,  eighteen  hundred 
and  ninety-eight;  and  nothing  in  this  section  contained  shall 
be  construed  to  affect  in  any  other  way  than  as  provided 
herein  the  rights  and  privileges  secured  under  the  provisions 
of  this  act  to  uniformed  members  of  the  various  fire  depart- 
ments consolidated  into  one  department  by  this  act.    The  pay 
or  compensation  of  the  officers  of  the  fire  department  and  each 
of  them  mentioned  in  the  first  paragraph  of  this  section,  and 
also  the  pay  or  compensation  of  district  engineers  and  officers 
ranking  as  such,  and  of  any  other  officers  who,  when  this  act 
takes  effect,  belong  to  the  uniformed  force  of  either  of  the  fire 


CHARTER  OF  NEW  YORK  CITY.  313 


departments  hereby  consolidated  into  one  department,  shall 
be  and  remain  fixed  at  the  amount  which  they  and  each  of 
them  were  severally  receiving  or  entitled  to  receive  from  the 
respective  municipal  corporations  in  whose  employ  they  were 
prior  to  the  taking  effect  of  this  act;  provided,  however,  that 
the  salaries  of  all  such  officers  in  either  of  said  fire  depart- 
ments other  than  the  New  York  department,  so  consolidated 
into  one  department,  shall  be  made  equal  to  the  salaries  of 
corresponding  officers  in  said  New  York  department  within 
three  years  from  January  first,  eighteen  hundred  and  ninety- 
eight,  by  equal  annual  additions;  and  provided  further  that 
if  the  difference  in  the  pay  received  by  such  officers  and  the 
pay  received  by  corresponding  officers  of  the  New  York  fire 
department  as  heretofore  existing,  is  not  more  than  fifty  dol- 
lars, when  this  act  takes  effect,  the  pay  shall  be  equalized  at 
once.  The  pay  or  compensation  aforesaid  shall  be  paid 
monthly  to  each  person  entitled  thereto,  subject  to  such  deduc- 
tions each  month  from  the  pay  or  compensation  of  said  persons 
as  are  or  shall  be  authorized  by  law  or  by  this  act ;  and  no  pay 
or  compensation  shall  be  allowed  or  paid  to  any  such  fireman 
or  ofBcer,  except  as  in  this  section  provided  for  and  declared, 
any  other  law  to  the  contrary  or  otherwise  notwithstanding. 

Police  department  to  co=operate. 

§  741.  It  shall  be  the  duty  of  the  fire  department  and  of 
the  police  department,  their  respective  officers  and  men,  to 
co-operate  together  in  all  proper  ways,  and  the  said  police 
department  and  fire  department  may  respectively  provide  for 
protection  against  fire,  and  for  the  arrest  of  all  persons  who 
may,  at  or  near  any  fire,  commit,  or  attempt  to  commit,  any 
crime  against  the  laws  of  this  state,  or  violate  any  rule  or 
regulation  of  said  police  department  or  fire  department. 

TITLE  2. 
Fires  and  Their  Extinction, 

Right  of  way  of  fire  department;  obstructing. 

§  748.  The  ofBcers  and  men  of  the  fire  department,  and  the 
officers  and  men  of  the  insurance  patrol  respectively,  with  their 
apparatus  of  all  kinds,  when  on  duty,  shall  have  the  right  of 
way  at  and  in  proceeding  to  any  fire  in  any  highway,  street  or 
avenue,  over  any  and  all  vehicles  of  any  kind,  except  those 
carrying  the  United  States  mail.    And  any  person  in  or  upon 


LAWS  OF  NEW  YOKK. 


any  vehicle  who  shall  refuse  the  right  of  way,  or  in  any  way 
obstruct  any  fire  apparatus,  or  any  apparatus  of  the  insurance 
patrol,  or  any  of  said  officers  while  in  the  performance  of  duty, 
shall  be  guilty  of  a  misdemeanor,  and  be  liable  to  punishment 
for  the  same. 

Hose=bridges  on  railway  tracks. 

§  749.  The  fire  commissioner  is  empowered  to  provide  for 
laying  over  the  railway  tracks  of  the  city  the  hose  used  by 
the  department  for  the  extinguishment  of  fire  by  such  hose- 
bridges  as  he  may  deem  necessary.  The  various  railway 
companies  operating  cars  within  the  limits  of  The  City  of 
New  York  as  constituted  by  this  act  shall  provide,  pay  for 
and  use  such  hose-bridges  as  may  be  designated  by  the  said 
commissioner. 

Fire  hydrants  not  to  be  obstructed. 

§  750.  No  person  shall  in  any  manner  obstruct  the  use  of 
any  fire  hydrant  in  said  city  or  allow  any  snow  or  ice  to  be 
thrown  or  piled  upon  or  around  the  same,  or  have  or  place, 
or  allow  to  be  placed,  any  material  in  front  thereof,  from  the 
curb  line  to  the  centre  of  the  street,  and  to  within  ten  feet 
from  either  side  thereof,  and  all  snow  and  ice  accumulating 
within  such  space  shall  be  removed  by  the  owner  or  owners, 
lessee  or  lessees,  of  the  premises  fronting  the  same  in  the 
same  manner  as  is  prescribed  for  the  keeping  clear  of  the 
sidewalk,  under  a  penalty  of  ten  dollars  for  each  and  every 
such  offense,  and  any  and  all  material  found  as  an  obstruc- 
tion, as  aforesaid,  may  be  forthwith  removed  by  the  officers 
or  employes  of  said  department  and  at  the  risk,  cost  and 
expense  of  the  owner  or  claimant,  and  said  fire  commissioner 
may  take  all  proper  measures  to  keep  said  hydrants  from 
freezing,  and  in  proper  condition  for  use  at  all  times. 

Sappers  and  miners. 

§  751.  The  fire  commissioner  Is  hereby  empowered  and  di- 
rected to  maintain  in  the  fire  department  a  corps  to  be  known 
as  the  corps  of  sappers  and  miners.  Said  corps  shall  be 
composed  of  not  exceeding  three  members,  either  officers  or 
private  firemen,  of  each  company  in  said  fire  department, 
and  said  members  shall  be  appointed  by  said  commissioner, 
upon  the  nomination  of  the  chief  of  department.  The  said 
commissioner  shall  appoint  a  suitable  officer,  who  shall  be 
skilled  in  the  use  of  explosives,  whose  duty  it  shall  be  to 


CHARTER  OF  NEW  YORK  CITY. 


315 


mstruct  and  drill  said  corps  in  the  use  of  explosives,  and  to 
give  said  corps  such  other  instruction  as  may  be  required  to 
qualify  them  to  effectually  discharge  the  duties  imposed  upon 
them  by  this  title.  Such  officer  shall  receive  an  annual  salary 
of  two  thousand  dollars,  and  such  salary  shall  be  raised  and 
paid  in  the  same  manner  as  the  salaries  of  the  other  officers 
appointed  by  said  commissioner. 

Id.;  duties  of. 

§  752.  Whenever,  under  and  by  virtue  of  the  acts  relating 
to  the  extinguishment  of  fires  in  the  city,  the  destruction  or 
pulling  down  of  any  building  or  buildings  shall  be  deemed 
necessary  and  shall  be  ordered  by  the  officer  in  command  at 
any  fire  in  said  city,  it  shall  be  the  duty  of  said  corps,  or  any 
member  or  members  thereof,  by  the  direction  of  said  officer 
in  command  at  such  fire,  to  level  and  destroy  such  building 
or  buildings  by  the  use  of  explosives,  for  the  purpose  of  ar- 
resting the  spread  of  such  fire,  and  it  shall  be  lawful  for  them 
to  enter  and  take  possession  of  the  same  for  such  purposes. 

Explosives;  depots  for  storage  of. 

§  753*  The  fire  commissioner  shall  establish  In  The  City 
of  New  York,  one  or  more  depots  for  the  storage  and  safe- 
keeping of  such  explosives  as  may  be  required  for  the  use 
of  said  corps,  and  may  limit  the  quantity  of  any  such  explo- 
sives to  be  kept  at  any  one  of  such  depots. 

Pulling  down  buildings  to  prevent  spread  of  fire, 

§  754.  When  any  building  or  buildings  in  The  City  of  New 
York  shall  be  on  fire,  it  shall  be  lawful  for  the  fire  commis- 
sioner to  direct  and  order  the  same,  or  any  other  building 
which  he  may  deem  hazardous,  and  likely  to  take  fire,  or  to 
convey  the  fire  to  other  buildings,  to  be  pulled  down  or  de- 
stroyed. Upon  the  application  of  any  person  interested  in 
such  building  so  pulled  down  or  destroyed  or  its  contents,  to 
the  supreme  court,  in  and  for  the  county  or  any  adjoining 
county,  in  the  judicial  department  within  which  such  building 
is  situated,  it  shall  be  its  duty  to  issue  a  precept  for  a  jury  to 
inquire  into  and  assess  the  damages  which  the  owners  of  such 
building  and  all  persons  having  an  estate  or  interest  therein 
or  in  the  contents  thereof,  have  respectively  sustained 
by  the  pulling  down  or  destruction  of  said  building 
or  its  contents.  Such  precept  shall  be  issued,  directed, 
executed,  returned  and  proceeded  upon,  and  the  proceedings 


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LAWS  OF  NEW  YORK. 


thereon  shall  take  effect,  as  nearly  as  may  be,  in  such  manner 
as  is  provided  in  the  case  of  land  taken  for  public  purposes; 
and,  the  said  inquiry  and  assessment  having  been  confirmed  by 
the  court,  the  sums  assessed  by  the  jury  shall  be  paid  by  The 
City  of  New  York  to  the  respective  persons  in  whose  favor 
the  jury  shall  have  assessed  the  same,  in  full  satisfaction  of 
all  demands  of  such  persons  respectively,  by  reason  of  the 
pulling  down  or  destruction  of  such  building  or  its  contents; 
and  the  court  before  whom  such  process  shall  be  returnable 
shall  have  power  to  compel  the  attendance  of  jurors  and  wit- 
nesses upon  any  such  assessment  of  damages. 

Idle  persons,  etc.,  may  be  removed  from  fires. 

§  755.  During  the  actual  prevalence  of  any  fire,  it  shall  and 
may  be  lawful  for  the  officers  of  the  police  and  fire  depart- 
ments to  remove,  or  cause  to  be  removed  and  kept  away  from 
the  vicinity  of  such  fire,  all  idle  and  suspicious  persons,  and 
all  persons  not  fit  to  be  employed  or  not  actually  and  usefully 
employed,  in  their  judgment,  in  aiding  the  extinguishment  of 
such  fire  or  in  the  preservation  of  property  in  the  vicinity 
thereof. 

TITLE  3. 

Prevention  of  Fires — Explosives  and  Combustible  Materials. 

Hoistways,  iron  shutters,  etc.,  to  be  closed. 

§  761.  All  hoistways,  well-holes,  trap-doors,  and  iron  shut- 
ters shall  be  closed  at  the  completion  of  the  business  of  each 
day  by  the  occupant  of  the  building  having  use  or  control  of 
the  same,  and  in  case  of  a  violation  of  this  provision,  such 
occupant  having  the  use  or  control  thereof  shall  forfeit  and 
pay  a  penalty  of  fifty  dollars  for  each  and  every  neglect  or 
omission  so  to  do.  And  for  any  accident  or  injury  to  life  or 
limb,  resulting  directly  or  indirectly  from  any  neglect  or  omis- 
sion to  properly  comply  with  any  of  the  requirements  of  this 
section,  the  person  or  persons  culpable  or  neglirent  in  respect 
thereto  shall  be  Hable  to  pay  any  officer,  agent,  or  employe 
of  said  fire  department  injured,  or  whose  life  may  be  lost 
while  in  the  discharge  or  performance  of  any  duty  imposed 
by  said  commissioner,  or  to  the  wife  and  children,  or  to  the 
parents,  or  to  the  brothers  and  sisters,  being  the  surviving 
heirs-at-law  of  any  deceased  person  thus  having  lost  his  life, 
a  sum  of  money,  in  case  of  injury  to  person,  not  less  than 


CHARTER  OF  NEW  YORK  CITY. 


317 


one  thousand  dollars,  and  in  case  of  death  not  less  than  five 
thousand  dollars,  such  liability  to  be  determined  and  such 
sums  recovered  in  an  action  to  be  instituted  by  any 
person  injured,  or  the  family  or  relatives  of  any  person  killed 
as  aforesaid ;  and  any  or  all  persons  for  any  fire,  resulting  from 
his  or  their  wilful  or  culpable  negligence  or  criminal  intent  or 
design,  shall,  in  addition  to  the  present  provision  of  law  for 
the  punishment  of  persons  convicted  of  arson,  be  liable  in  a 
civil  action  for  the  payment  of  any  and  all  damages  to  the 
person  or  property,  the  result  of  such  fire,  and  also  for  the 
payment  of  all  costs  and  expenses  of  said  fire  department  in- 
curred in  and  about  the  use  of  employes,  apparatus,  and  ma- 
terials in  the  extinguishment  of  any  fire  resulting  from  such 
cause,  the  amount  of  such  costs  and  expenses  to  be  fixed  by 
said  commissioner,  and  when  collected  shall  be  paid  into  the 
relief  fund  of  said  department  herein  created ;  and  shall  also 
be  liable  for  injury  to  person  or  loss  of  life  of  any  officer, 
agent,  or  employe  of  said  fire  department  in  the  same  manner 
and  like  extent,  and  to  be  sued  for  in  like  manner  as  in  the 
preceding  part  of  this  section  provided  for. 

Fireworks  and  explosive  compounds;  manufacture  and  sale  thereof. 

§  764.  No  fireworks,  detonating  works,  cartridges,  powder 
train,  percussion  caps,  collodion,  nitrate  of  soda,  nitrate  of 
silver,  ether,  phosphorus,  matches,  or  explosive  compounds, 
or  explosive  substances  shall  hereafter  be  manufactured 
in  the  city,  except  at  such  places,  in  such  manner,  and  in  such 
quantities  as  shall  be  determined  by  the  said  commissioner  in 
the  exercise  of  his  discretion,  under  a  permit  by  him  granted 
therefor,  and  subject  to  be  revoked  at  any  time  by  said  com- 
missioner. Fireworks^  consisting  of  Chinese  crackers,  rock- 
ets, blue  Hghts,  candles,  colored  pots,  lance-wheels,  and  other 
works  of  brilHant-colored  fires,  may  be  kept  upon  sale  inter- 
vening the  tenth  day  of  June  and  the  tenth  day  of  July  in 
each  year,  by  retail  dealers,  under  such  reasonable  regulations 
as  said  commissioner  may  prescribe,  under  a  permit^  issued 
therefor. 

Id.;  continued. 

§  766.  No  person  shall  sell  at  retail  or  give  away  any 
kerosene,  or  other  product  of  petroleum,  or  any  similar  oil 
to  be  used  for  heating  or  illuminating  purposes,  without  first 
obtaining  a  license  therefor  from  the  fire  commissioner,  under 
such  rules  and  regulations  as  he  may  prescribe,  which  Hcense 


318 


LAWS  OF  NEW  YOEK. 


shall  be  for  the  term  of  one  year  and  shall  not  be  transferable, 
and  for  every  such  license  and  for  every  renewal  of  the  same 
the  said  commissioner  shall  demand  and  receive  the  sum  of 
ten  dollars.  Said  licenses  shall  be  posted  in  a  conspicuous 
place  in  the  store  of  the  person  or  persons  to  .whom  the  same 
is  issued  and  may  be  revoked  for  cause  by  said  commissioner. 
Any  person  who  shall  sell  any  of  the  compounds  aboved  men- 
tioned in  this  or  the  last  section,  without  first  obtaining  a 
license  therefor,  shall  forfeit  and  pay  the  sum  of  twenty-five 
dollars. 

Criminal  liability  if  death  results  from  violation  of  foregoing  rules. 

§  767.  In  case  any  person  is  burned  by  the  explosion  of 
any  compound,  the  sale  of  which  is  prohibited  by  any  law  or 
ordinance,  or  which  has  not  been  subjected  to  sani- 
tary survey,  or  licensed  as  therein  provided,  and  death 
ensues  therefrom,  the  person  found  guilty  of  selling  the 
same  shall  be  deemed  guilty  of  a  felony,  and,  upon  conviction, 
shall  be  punished  by  a  fine  of  not  less  than  one  thousand  dol- 
lars, nor  more  than  five  thousand  dollars,  or  by  imprisonment 
in  the  state  prison  for  a  term  not  less  than  one  year  nor  more 
than  five  years;  and  in  case  of  a  bodily  injury  the  party  injured 
may  maintain  an  action  for  damages  against  the  party  violat- 
ing the  provisions  of  this  title.  Any  dealer  who  shall  present 
and  deliver  for  sanitary  survey  a  sample  of  oil  different  from, 
and  which  does  not  represent  the  quality  of  oil  actually  kept 
by  him  or  her  for  sale,  and  not  taken  from  the  actual  stock 
being  ofifered  for  sale,  and  of  the  same  quality  therewith,  shall 
forfeit  and  pay  the  sum  of  fifty  dollars.  If  any  fire  insurance 
company,  organized  under  the  laws  of  this  state,  or  any  insur- 
ance company  of  any  other  state,  or  any  foreign  insurance 
company  authorized  to  do  the  business  of  insurance  in  this 
state,  shall  endorse  upon  any  policy  issued  by  them  the  right 
or  privilege  to  keep,  deal  in,  give  away,  sell,  or  use  any  article 
or  compound  of  a  combustible  or  explosive  character,  the  sale 
of  which  is  made  unlawful  or  shall  cause  or  permit  such  in- 
dorsement to  be  made  by  others  upon  their  policies  of  insur- 
ance, they  shall  for  each  and  every  such  offense  forfeit  and 
pay  a  fine  of  five  hundred  dollars. 

Storage  of  certain  chemicals  regulated. 

§  769.  No  quantity  of  the  following-named  chemicals  and 
combustible  materials  greater  than  is  hereafter  enumerated 
shall  be  stored  or  kept  in,  or  upon  any  one  building 


CHARTER  OF  NEW  YORK  CITY. 


319 


within  the  city,  namely:  hemp  or  tlax,  unbaled,  two  thousand 
pounds  in  the  whole;  varnish,  twenty  barrels  in  the  whole; 
alcohol,  pure  spirits,  camphene,  burning  fluid,  five  barrels  in 
the  whole;  unslaked  lime,  ten  barrels;  vitriol,  five  carboys  in 
the  whole;  loose  wood  shavings,  one  hundred  pounds;  sulphur 
one  thousand  pounds;  manufactured  matches,  five  hundred 
pounds;  chlorate  of  potash,  chlorate  of  soda  and  other 
chlorates,  saltpetre,  nitrate  of  soda,  and  other  nitrates,  five 
hundred  pounds  in  the  whole;  collodion,  ether,  phosphorus, 
fifty  pounds  in  the  whole;  cartridges,  percussion  caps,  powder 
train,  sodium  peroxide,  one  hundred  pounds  in  the  whole; 
aquafortis,  muriatic  acid  and  nitrate  acid,  not  exceeding  one 
thousand  pounds  in  the  whole;  tar,  pitch,  rosin  and  turpen- 
tine, one  hundred  barrels  in  the  whole,  except  at  such  places 
in  such  manner,  and  in  such  quantities  as  shall  be  determined 
by  the  fire  commissioner  in  the  exercise  of  his  discretion, 
under  a  permit  by  him  granted  therefor;  dnc  dust,  calcium 
carbide  and  metallic  sodium  shall  be  limited  to  one  hundred 
pounds  in  the  whole,  and  shall  not  be  stored  or  kept  in  locali- 
ties below  the  grade  floor  of  any  building.  The  commis- 
sioner shall  prepare  or  cause  to  be  prepared  a  list  which  shall 
specifically  name  other  chemicals  and  other  compounds  or 
substances,  not  elsewhere  in  this  section  named  and  limited, 
which  he  may  ascertain  to  be  liable  to  ignite  or  to  give  off  in- 
flammable gases  or  to  generate  excessive  heat  when  in  con- 
tact with  water  or  moisture.  Such  list  of  chemicals,  com- 
pounds and  substances  shall  be  added  to  from  time  to  time 
and  designated  and  classed  in  the  regulations  published  by 
the  commissioner  as  compounds  and  substances  made 
dangerous  by  contact  with  water  or  moisture,"  and  such 
chemicals  and  other  compounds  and  substances  so  specifi- 
cally designated  and  classed  in  such  regulations  shall  not  be 
stored  or  kept  in  localities  below  the  grade  floor  of  any  build- 
ing, provided,  however,  that  in  determining  the  quantities  of 
said  materials  and  other  substances  for  the  storage  or  keep- 
ing of  which  within  the  city  an  appHcation  for  a  permit  shall 
be  made,  full  consideration  shall  be  given  to  the  character 
of  such  materials  and  substances  and  to  the  conditions  exist- 
ing in  and  about  the  place  or  building  mentioned  in  the  ap- 
plication, and  provided  that  none  of  the  above  mentioned 
articles  shall  be  stored  or  kept  on  sale  or  for  business  pur- 
poses in  any  building  occupied  in  whole  or  in  part  as  a  dwell- 
ing unless  by  special  permit  from  the  commissioner,  which 
nermit  shall  state  the  quantity  that  can  be  so  stored  or  kept 


320 


LAWS  OF  NEW  YORK. 


in  such  building.  If  any  decision  of  the  fire  commissioner 
shall  be  deemed  to  work  an  injury  to  the  applicant  or  to  the 
public,  or  shall  involve  a  menace  to  the  pubHc  safety,  the  final 
decision  on  such  application  for  permit,  upon  the  rcvquest  of 
either  the  fire  commissioner  or  of  the  applicant  for  a  permit, 
or  the  owner  of  or  a  tenant  in  the  building  where  the  goods 
are  stored  or  proposed  to  be  stored,  or  of  a  tenant  in  an  ad- 
joining building  or  of  the  owner  of  an  adjoining  building, 
shall  be  referred  to  a  committee  of  official  arbitrators  con- 
sisting of  the  fire  commissioner  or  his  representative,  the 
president  of  the  New  York  Board  of  Trade  and  Transporta- 
tion, or  his  representative,  and  the  chairman  of  the  New 
York  section  of  the  American  Chemical  society,  or  his  repre- 
sentative, and  the  decision  of  such  arbitrators  shall  be  binding 
upon  all  parties  interested  in  an  application  for  a  permit  and 
upon  all  owners  and  tenants  of  any  building,  the  owner  or 
any  tenant  whereof  shall  have  made  application  for  arbitra- 
tion as  herein  provided.  The  majority  vote  of  said  arbitra- 
tors shall  be  necessary  to  the  determination  of  any  issue  re- 
ferred to  them.  The  commissioner  shall  prepare  and  publish 
such  regulations  as  in  his  judgment  may  be  necessary  to  con- 
trol the  storage  and  handling  of  the  materials  specified  in  this 
section,  and  he  shall  from  time  to  time  add  to  such  list  and 
bring  under  such  regulations  such  other  materials  as  the 
public  safety  may  require.  He  shall  give  public  notice  of 
such  additions  by  publication  of  the  same  in  the  City  Record 
and  by  circular  notice  to  such  dealers  and  warehouse  men  as 
the  records  of  his  department  may  show  to  have  been  granted 
a  permit  to  handle  or  store  such  class  or  character  of  goods. 

Right  to  enter  buildings,  etc.,  for  purposes  of  examination. 

§  771.  The  commissioner  and  his  officers  or  agents,  under 
the  direction  of  the  commissioner,  or  either  of  them,  are 
hereby  empowered  at  any  and  all  times  to  enter  into  and  ex- 
amine all  buildings,  dwelling-houses,  livery  and  other  stables, 
hay  boats,  or  vessels,  and  places  where  any  merchandise, 
gunpowder,  hemp,  flax,  tow,  hay,  rushes,  firewood,  boards, 
shingles,  shavings,  or  other  combustible  materials  may  be 
lodged,  for  the  purpose  of  ascertaining  all  violations  of  any 
law  or  ordinance,  and  also  the  places  where  ashes  may  be 
deposited,  and  upon  finding  that  any  of  them  are  defective 
or  dangerous,  or  that  a  violation  of  any  law  or  ordinance 
exists  therein,  may  deliver  a  written  or  printed  notice, 
containing  a  copy  of  the  provisions  in  reference  thereto. 


CHARTER  OF  NEW  YORK  CITY. 


321 


and  notice  of  any  violation  thereof,  and  notice  to  remove, 
amend,  or  secure  the  same  within  a  period  to  be  fixed  therein. 
And  in  case  of  neglect  or  refusal  on  the  part  of  such  occu- 
pant or  of  the  possessor  of  such  combustible  materials,  or 
any  of  them,  so  to  remove,  amend,  or  secure  the  same  with- 
in the  time  and  in  the  manner  directed  by  the  said  commis- 
sioner in  such  notice,  the  party  offending  shall  forfeit  and 
pay,  in  addition  to  any  penalty  otherwise  imposed,  the  sum 
of  twenty-five  dollars,  and  the  further  sum  of  five  dollars  for 
every  day's  neglect  to  remove,  amend,  or  secure  the  same 
after  being  so  notified.  All  the  expenses  of  any  removal, 
alteration  or  amendment  as  aforesaid,  shall  be  paid  in  the 
first  instance  by  the  occupant,  but  shall  be  chargeable  against 
the  owuier  of  such  dwelling-house  or  other  building,  and  shall 
be  deducted  from  the  rent  of  the  same,  unless  such  expense 
be  rendered  necessary  by  the  act  or  default  of  such  occupant, 
or  unless  there  be  a  special  agreement  to  the  contrary  be- 
tween the  parties. 

Information  to  be  furnished  by  holders  of  permits. 

§  772.  All  persons  or  corporations  who  shall  be  requh'ed 
to  have  and  obtain  permits  shall  furnish  such  information  as 
may  be  required,  touching  the  condition  of  any  building  and 
the  business  therein  proposed  to  be  conducted,  prehminary 
to  obtaining  such  permits. 

TITLE  4. 

Fire  Marshals  and  Investigation  of  Origin  of  Fires, 
Investigation  of  fires,  etc. 

§  779.  The  fire  commissioner  is  hereby  authorized  to  ap- 
point and  remove  a  fire  marshal  for  the  boroughs  of  Man- 
hattan, The  Bronx  and  Richmond,  and  a  fire  marshal  to  be 
seated  in  Brooklyn  and  to  exercise  his  powers  within  the  bor- 
oughs of  Brooklyn  and  Queens.  Said  fire  marshals  shall 
be  members  of  the  uniformed  force  of  the  fire  department 
of  The  City  of  New  York,  and  within  such  boroughs,  respect- 
ively, to  which  they  may  be  assigned,  shall  have  and  possess 
all  the  powers  heretofore  conferred  by  law  upon  the  fire 
marshal  of  the  corporation  heretofore  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New  York. 
The  salary  of  each  of  said  fire  marshals  shall  be  three 
thousand  dollars  a  year.     The  fire  commissioner,  him- 


323 


LAWS  OF  NEW  YORK. 


self  or  by  said  marshals,  is  hereby  authorized  and  em- 
powered to  investigate,  examine  and  inquire  into  the  origin, 
details  and  management  of  fires  in  the  city,  and  also 
of  any  supposed  cases  of  violations  of  any  of  the  provisions 
of  this  chapter,  or  of  any  of  the  several  regulations,  orders  or 
special  directions  issued  by  the  fire  commissioner  for  the  pur- 
pose of  the  discovery  of  any  delinquency  in  the  non-perform- 
ance of  duty  or  violation  of  discipline  on  the  part  of  any 
officer,  agent  or  employe  of  said  fire  department,  or  any 
supposed  cases  of  arson  or  incendiarism,  which  may  be 
brought  to  his  notice  ;  and  said  fire  commissioner  in  and  about 
any  examination,  investigation  or  inquiry  before  him  or  his 
marshals,  touching  any  matter  or  thing  therewith  connected, 
may  subpoena  and  compel  the  attendance  of  any  person  or 
persons,  and  the  production  of  any  books,  papers,  archives 
or  documents  in  his  or  their  possession,  or  under  his  or  their 
control,  in  the  judgment  of  the  fire  commissioner  connected 
with  and  necessary  to  such  examination,  investigation  or  in- 
quiry, before  him  or  his  marshals,  at  the  time  and  place  there- 
in named ;  and  for  the  purpose  aforesaid,  the  corporation 
counsel  may,  at  any  time,  obtain  to  be  issued  subpoenas  out 
of  the  supreme  court,  attested  under  the  name  of  a  justice  of 
said  court,  in  like  form  and  with  like  effect  as  though  issued 
by  said  justice  in  any  action  pending  in  a  court  of  record, 
and  said  subpoena  may  be  served,  and  proof  of  such  service 
may  be  made,  in  the  same  manner  as  now  by  law  provided 
for  the  service  of  subpoenas  out  of  said  court ;  and  upon  proof 
of  service  and  proof  of  non-compliance,  failure  to  attend  and 
testify  on  the  part  of  any  person  or  persons,  as  required  by 
said  subpoena,  or  failure  or  refusal  on  the  part  of  any  person 
or  persons  to  produce  any  such  books,  papers,  archives  or 
documents,  in  his  or  their  possession,  or  under  his  or  their 
control,  or  a  failure  or  refusal  on  his  or  their  part  to  answer 
any  question  put  to  him  or  them,  and  pertinent  thereto,  upon 
any  examination,  inquiry,  or  investigation  as  aforesaid,  ap- 
plication may  be  made  before  any  justice  of  said  court,  who 
shall,  in  case  he  shall  decide  such  question  pertinent  and 
proper  to  be  answered,  thereupon  cause  to  be  arrested,  and 
may  punish  as  for  a  contempt  of  the  orders  of  said  court,  the 
person  or  persons  named  in  said  subpoena,  and  in  such  case 
the  laws,  rules,  and  proceedings  relating  to  punishment  for 
contempts,  and  usual  in  said  court,  or  before  any  justice 
thereof,  shall  be  applicable  thereto.  Said  commissioner  and 
fire  marshals,  in  conducting  any  examination  or  inquiry  as 


CHARTER  OF  NEW  YORK  CITY. 


aforesaid,  are  hereby  authorized  to  administer  any  oath  or 
affirmation  in  the  matter,  and  any  false  swearing  under  said 
oath  or  affirmation  thus  administered  shall  be  perjury,  and 
punishable  as  such  in  such  manner  as  now  provided  under 
the  laws  applicable  thereto;  and  said  examination  or  investi- 
gation may  be  continued  and  adjourned  by  the  said  commis- 
sioner or  lire  marshal  conducting  the  same,  from  time  to 
time,  and  at  such  time  and  place  as  shall  be  designated,  and 
any  person  subpoenaed  as  aforesaid  shall  attend  and  testify 
upon  said  adjourned  day  or  days,  and  at  the  time  and  place 
designated,  and  of  which  they  shall  have  been  notified,  as 
though  the  same  had  been  named  in  said  subpoena,  and  with 
Hke  effect  as  to  any  failure  to  appear  and  answer  under  the 
requirements  therein  contained;  provided,  that  any  testi- 
mony or  evidence  taken  as  aforesaid  shall  be  for  the  infor- 
mation and  instruction  of  said  fire  commissioner  in  the  dis- 
charge of  his  duties,  and  in  the  prevention  of  future  fires,  and 
the  protection  of  property,  and  shall  be  carefully  kept  in  the 
archives  and  possession  of  said  fire  department,  and  shall  in 
no  manner  be  used  in  any  criminal  proceeding  or  action,  but 
may  be  placed  before  any  grand  jury  in  said  city  of  New 
York.  Such  investigations  in  relation  to  the  subject  matter 
hereinabove  defined  within  the  boroughs  of  Brooklyn  and 
Queens,  shall  be  carried  on  by  the  deputy  commissioner  and 
fire  marshal  seated  in  the  borough  of  Brooklyn,  under  the 
direction  of  said  fire  commissioner. 

Fire  marshals  may  enter  buildings  to  examine  them. 

§  780.  It  shall  be  the  duty  of  a  marshal  or  his  officers  and 
agents,  when  authorized  by  him  in  writing  so  to  do,  to  enter 
into  any  building  or  premises  within  said  city  for  the  purpose 
of  examining,  or  causing  to  be  examined,  the  stoves  and  pipes 
thereto,  ranges,  furnaces  and  heating  apparatus  of  every  kind 
whatsoever,  including  the  chimneys,  flues,  and  pipes,  with 
which -the  same  may  be  connected,  engine-rooms,  boilers, 
ovens,  kettles,  and  also  all  chemical  apparatus  or  otlier  things 
which  in  his  opinion  may  be  dangerous  in  causing  or  promot- 
ing fires,  or  dangerous  to  the  firemen  or  occupants  in  case  of 
fire ;  and  upon  finding  any  of  them  defective  or  dangerous,  or 
in  any  manner  exposed  or  liable  to  fire  from  any  cause,  he 
shall  report  the  same  to  the  commissioner,  who  may  thereupon 
issue  orders  or  special  directions,  either  printed  or  written, 
directing  the  owner  or  occupant  to  alter,  remove,  or  remedy 
the  same  in  such  manner  and  within  such  reasonable  time  as 


32*4 


LAWS  OF  NEW  YORK. 


may  be  necessary,  and  in  respect  thereto  may  authorize  and 
direct  the  use  of  such  materials  and  appHanccs  as  shall  be 
deemed  proper  and  necessary ;  and  in  case  of  neglect  or  refusal 
so  to  do  within  the  time  prescribed  by  such  orders  or  direc- 
tions, such  fire  marshal,  under  the  direction  of  said  commis- 
sioner, shall  cause  said  alteration,  removal  or  other  necessary 
act  or  work  to  be  done  and  the  expense  thereof  shall  be  charged 
to  the  party  so  offending,  to  be  sued  for  and  recovered  in  the 
manner  herein  provided  for  the  recovery  of  fines  and  penalties 
under  this  chapter.  And  in  addition  thereto  the  party  so 
offending  shall  forfeit  the  sum  of  fifty  dollars,  to  be  recovered 
in  said  action  or  in  an  action  brought  therefor  by  the  fire  com- 
missioner. 

Id.;  to  trace  the  cause  of  fires;  arrest  of  suspected  persons. 

§  781.  It  shall  be  the  duty  of  a  fire  marshal  to  examine  into 
the  cause,  circumstances,  and  origin  of  fires  occurring  in  said 
city,  by  which  any  building,  vessels,  vehicles,  or  any  valuable 
personal  property  shall  be  accidentally  or  unlawfully  burned,  de- 
stroyed, lost  or  damaged,  wholly  or  partially;  and  to  especially 
inquire  and  examine  whether  the  fire  was  the  result  of  careless- 
ness or  the  act  of  an  incendiary.  Such  fire  marshal  shall  take 
the  testimony,  on  oath,  of  all  persons  supposed  to  be  cognizant 
of  any  fact  or  to  have  means  of  knowledge  in  relation  to  the 
matters  herein  required  to  be  examined  and  inquired  into,  and 
cause  the  same  to  be  reduced  to  writing,  verified  and  trans- 
mitted to  the  fire  commissioner  with  his  report  in  writing, 
embodying  his  opinion  .and  conclusions  in  relation  to  the 
matter  investigated.  Such  fire  marshal  shall  report  in  writing 
to  the  fire  department,  to  the  police  department,  to  the  district 
attorney,  to  the  New  York  board  of  fire  underwriters,  to  the 
owners  of  property,  or  other  persons  interested  in  the  subject 
matter  of  investigation,  any  facts  and  circumstances  which  he 
may  have  ascertained  by  such  inquiries  and  investigations 
which  shall,  in  his  opinion,  require  attention  from  or  by  either 
of  said  departments,  officers  or  persons;  and  it  shall  be  the 
duty  of  such  fire  marshal,  whenever  he  shall  be  of  opinion 
that  there  is  evidence  sufficient  to  charge  any  person  with  the 
crime  of  arson,  to  cause  such  person  to  be  arrested  and  charged 
with  such  offense,  and  furnish  to  the  district  attorney  all  the 
evidences  of  guilt,  with  the  names  of  witnesses,  and  all  the 
information  obtained  by  him,  including  a  copy  of  all  pertinent 
and  material  testimony  taken  in  the  case;  and  he  shall  speciallv 
report  to  the  fire  commissioner,  as  often  as  such  commissioner 


CHARTER  OF  NEW  YORK  CITY. 


325 


shall  require,  his  proceedings,  and  the  progress  made  in  all 
prosecutions  for  arson,  and  the  result  of  all  cases  which  are 
finally  disposed  of. 

Id.;  may  compel  attendance  of  witnesses. 

§  782.  A  fire  marshal  shall  have  power  to  issue  a  notice  in 
the  nature  of  a  subpoena,-  in  such  form,  and  subscribed  in  such 
manner  as  the  fire  commissioner  shall  prescribe,  to  compel  the 
attendance  of  any  person  as  a  witness  before  him,  to  testify 
in  relation  to  any  matter  which  is,  by  the  provisions  of  this 
title,  a  subject  of  inquiry  and  investigation  by  the  said  marshal. 
The  said  marshal  shall  be,  and  hereby  is  authorized  to  admin- 
ister and  verify  oaths  and  affirmations  to  persons  appearing 
as  witnesses  before  him;  and  false  swearing  in  any  matter  or 
proceeding  aforesaid  shall  be  deemed  perjury  and  shall  be 
punishable  as  such.  Upon  the  presentation  of  satisfactory 
proof  of  due  service  of  any  such  notice  in  the  nature  of  a  sub- 
poena upon  any  such  witness,  and  of  a  failure  by  such  witness 
to  obey  the  same,  it  shall  be  the  duty  of  the  fire  commissioner 
to  make  an  order  that  the  said  witness  be  arrested  and  brought 
before  said  marshal,  to  testify  what  such  witness  may  know  in 
relation  to  the  subject  matter  of  inquiry.  Such  order  may  be 
executed  by  any  member  of  the  police  force,  by  arresting  and 
bringing  such  witness  before  the  said  marshal,  but  such  witness 
shall  not  be  detained  longer  than  is  necessary  to  take  such  testi- 
mony. The  fire  marshals  shall  have  authority  at  all  times 
of  the  day  or  night,  in  performance  of  the  duties  imposed  by 
the  provisions  of  this  title,  to  enter  upon  and  examine  any 
building  or  premises,  when  any  fire  shall  have  occurred,  and 
the  building  and  premises  adjoining  and  near  to  that  in  which 
the  fire  occurred. 

Id.;  commissioner  may  supervise  investigations  by. 

^  §  783.  It  shall  be  the  duty  of  the  fire  commissioner  to  super- 
vise and  direct,  whenever  he  shall  be  of  opinion  that  the  public 
interest  will  be  subserved  thereby,  the  investigations,  examina- 
tions, and  proceedings  of  said  marshals,  and  make  all  needful 
and  proper  rules  and  regulations  in  relation  to  the  duties  of 
the  ofiice,  and  the  manner  of  performing  the  same. 


326 


LAWS  OF  NEW  YORK. 


TITLE  5. 

Relief  Fund  and  Pensions, 
Of  what  fund  consists;  officers  and  investment. 

§  789.  The  New  York  fire  department  relief  fund  shall 
consist  of: 

1.  The  capital,  interest,  income,  dividends,  cash  deposits, 
securities  and  credits  formerly  or  now  belonging  to  said 
funds  in  any  of  the  municipal  and  public  corporations,  or 
parts  thereof,  hereby  consolidated  into  The  City  of  New 
York. 

2.  All  forfeitures  and  fines  imposed  by  the  fire  commis- 
sioner, from  time  to  time,  upon  any  member  or  members  of 
the  fire  department  force  by  way  of  discipline. 

3.  All  rewards,  in  money,  fees,  gifts,  testimonials  and 
emoluments  that  may  be  paid  or  given  for  account  of  extra- 
ordinary services  by  any  member  of  the  fire  department 
force,  except  such  as  have  been  or  shall  be  allowed  by  the 
fire  commissioner,  to  be  retained  by  said  member  or  mem- 
bers, and  such  as  have  been  or  shall  be  given  to  endow  a 
medal  or  other  permanent  or  competitive  reward. 

4.  All  proceeds  of  suits  for  penalties,  under  title  three  of 
this  chapter,  and  all  license  fees  payable  under  the  same 
which  may  be  paid  in  from  or  collected  in  the  boroughs  of 
Manhattan,  Brooklyn  and  Bronx,  and  forty-five  per  centum 
of  such  proceeds  of  suits  for  penalties  and  license  fees  as  may 
be  paid  in  from  or  collected  in  the  boroughs  of  Queens  and 
Richmond. 

5.  All  proceeds  of  sales  of  condemned  horses  and  other 
personal  property  in  use  by  said  department. 

6.  All  moneys,  pay,  compensation  or  salary,  or  any  part 
thereof  forfeited,  deducted  or  withheld  from  any  member  or 
members  of  the  fire  department  force,  for  or  on  account  of 
absence  from  duty,  to  be  paid  monthly  to  the  treasurer  of  the 
said  relief  fund,  by  the  comptroller  of  The  City  of  New  York, 
and  the  fire  commissioner  is  authorized  and  empowered,  in 
his  discretion,  to  deduct  and  withhold  pay,  salary  or  com.- 
pensation  from  any  member  or  members  of  said  force,  for  or 
on  account  of  absence  from  duty,  except  when  such  absence 
shall  be  caused  by  sickness  or  disability,  for  which  leave  of 
absence  shall  have  been  granted,  in  accordance  with  the 
rules  of  said  department. 

7.  Ten  per  centum  annually  of  all  excise  moneys  or  license 
fees  belonging  to  The  City  of  New  York,  as  constituted  by 


CHARTER  OF  NEW  YORK  CITY.  327 


this  act,  and  derived  or  received  by  any  commissioner  of  ex- 
cise or  public  officer,  from  the  granting  of  hcenses,  or  per- 
mission to  sell  strong  or  spirituous  liquors,  ale,  wine  or  beer, 
or  of  any  moneys  paid  for  taxes  upon  the  business  of 
trafficking  in  or  selling  or  dealing  in  strong  or  spirit- 
uous liquors,  ale,  wine  or  beer  in  the  boroughs  of  Man- 
hattan, Brooklyn  and  The  Bronx  under  the  provisions  of  any 
law  of  this  state  authorizing  the  granting  of  any  such  Hcense 
or  permission;  and  four  and  one-half  per  centum  annually  of 
such  excise  moneys  or  license  fees  which  are  likewise  de- 
rived or  received  for  the  granting  of  hcenses  or  permission 
to  sell  strong  or  spirituous  liquors,  ale,  wine  or  beer  in  the 
boroughs  of  Queens  and  Richmond;  the  said  ten  per  centum 
and  the  said  four  and  one-half  per  centum  thereof  to  be 
paid  by  the  comptroller  of  said  city,  who  is  hereby 
authorized  and  required  to  pay  the  same  to  the  treasurer 
of  the  said  relief  fund,  for  the  benefit  thereof,  without  any 
action  or  authority  of  or  from  the  board  of  estimate  and  ap- 
portionment, such  sum  to  amount  in  each  and  every  year  to 
not  more  than  one  hundred  and  fifty  thousand  dollars,  nor 
to  exceed  such  an  amount,  if  any,  as  may  be  required  at  the 
end  of  any  fiscal  year  to  bring  the  surplus  in  such  relief  fund 
over  and  above  all  charges  then  existing  against  the  same 
up  to  the  sum  of  two  hundred  thousand  dollars.  The  com- 
missioner of  the  fire  department  of  The  City  of  New  York 
is  hereby  constituted  and  declared  to  be  the  trustee  of  the 
New  York  fire  department  relief  fund,  shall  receive  all 
moneys  applicable  to  the  same  and  deposit  the  same,  as  such 
trustee,  to  the  credit  of  such  relief  fund,  in  banks  or  trust 
companies  to  be  selected  by  him,  and  continue  to  receive 
and  deposit  the  funds  applicable  to  the  same,  as  received, 
to  the  credit  of  said  fund,  or  to  invest  the  same  in  bond  and 
mortgage  on  improved  property  worth  twice  the  amount 
loaned,  or  in  public  stocks,  as  said  trustee  may  deem  most 
advantageous  for  the  object  of  such  fund,  and  said  trustee  is 
empowered  to  make  all  necessary  contracts,  and  to  take  all 
necessary  remedies  in  the  premises.  The  treasurer  of  said 
fund  shall  give  a  bond,  with  one  or  more  sureties,  in  the  sum 
of  one  hundred  thousand  dollars,  for  the  faithful  performance 
of  his  duties,  said  bond  to  be  approved  by  the  comptroller  and 
filed  in  his  office.  And  the  said  trustee  for  and  on  behalf  of 
the  uses  and  purposes  of  said  fund,  shall  be  entitled  to  re- 
ceive, and  there  shall  be  paid  to  him  all  duties,  taxes,  allow- 
ances, fines,  penalties  and  fees  to  which  the  fire  department 


328 


LAWS  OF  NEW  YORK. 


of  The  City  of  New  York,  as  at  any  time  heretofore  estab- 
hshed,  has  been  or  is  now  entitled,  except  as  in  this  act  other- 
wise specially  provided,  and  the  said  trustee  may  take,  by 
gih,  grant,  devise  or  bequest,  any  money,  real  or  persona! 
property,  right  of  property  or  other  valuable  thing  the  an- 
nual income  of  which  shall  not  exceed  thirty  thousand  dol- 
lars in  the  whole;  and  in  any  year,  when  the  condition  of 
the  said  relief  fund  shall  render  it,  in  the  judgment  of  the  said 
trustee,  necessary,  he  may  receive  from  the  board  of  esti- 
mate and  apportionment  of  The  City  of  New  York,  a  sum 
not  exceeding  ten  thousand  dollars,  to  be  included  in  the 
annual  estimate  of  the  fire  commissioner  and  drawn  and  col- 
lected by  him  in  Hke  manner  as  the  other  moneys  applicable 
to  his  expenses ;  and  such  amounts  so  obtained  shall,  in  like 
manner,  be  paid  to  and  applied  by  the  treasurer  to  the  uses 
of  said  fund,  by  deposit  or  investment  as  hereinbefore  pro- 
vided, as  the  trustee  thereof  shall  direct;  provided,  that  the 
sum  of  two  hundred  thousand  dollars,  which  may  be  received 
and  accumulated  under  the  provisions  of  this  title,  shall  be 
reserved  and  retained  as  a  permanent  fund,  the  annual  in- 
come of  which  may  be  made  available  for  the  uses  and  pur- 
poses of  said  relief  fund. 

8.  On  or  before  the  first  day  of  February  of  each  year,  the 
trustee  shall  make  a  verified  report  to  the  mayor  of  his  pro- 
ceedings as  such  trustee,  containing  a  statement  of  all  re- 
ceipts and  disbursements  on  account  of  said  fund,  together 
with  the  names  and  residences  of  each  beneficiary  and  the 
amounts  paid  to  such  beneficiary  for  or  on  account  of  said 
fund.  There  shall  be  an  auditing  committee  consisting  of 
three  members,  to  be  appointed  by  the  mayor,  as  follows:  two 
members  to  be  selected  from  among  the  officers  and  mem- 
bers of  the  uniformed  force  of  the  fire  department,  and  one 
member  to  be  selected  from  the  retired  members  of  the  fire 
department.  It  shall  be  the  duty  of  this  committee,  on  or  be- 
fore the  first  day  of  March  in  each  year,  to  examine  the  con- 
dition of  said  relief  fund  and  to  audit  the  account  of  the  said 
trustee. 

9.  There  shall  be  paid  to  the  treasurers  of  the  exempt  or 
veteran  volunteer  firemen's  associations  existing  in  the  bor- 
ough of  Queens  on  the  first  day  of  January,  nineteen  hun- 
dred and  one,  quarterly,  by  the  comptroller  of  the  city 
of  New  York,  for  the  benefit  of  said  associations  and  without 
any  action  or  authority  of  or  from  the  board  of  estimate  and 
apportionment: 


CHARTER  OF  NEW  YORK  CITY. 


329 


five  per  centum  annually  of  all  proceeds  of  suits 
s  under  title  three  of  this  chapter,  which  may  be 
paid  in  from  the  borough  of  Queens,  and  of  all 
payable  under  the  same  which  may  be  collected 
om  the  borough  of  Queens. 

md  one-half  per  centum  annually  of  all  excise 
icense  fees  belonging  to  The  City  of  New  York, 
^d  by  this  act,  and  derived  or  received  by  anycom- 
'  excise  or  public  officer  from  the  granting  of 
ermission  to  sell  strong  or  spirituous  liquors,  ale, 
•,  in  the  borough  of  Queens,  under  the  provisions 
f  this  state,  authorizing  the  granting  of  any  such 
ermission. 

leys  shall  be  apportioned  by  said  comptroller 
uch  exempt  or  veteran  volunteer  firemen's  as- 
1  proportion  to  the  actual  bona  fide  membership 
association  on  the  first  day  of  January  next  pre- 
ime  when  such  apportionment  is  made.  In  de- 
le  membership  of  such  associations,  only  exempt 
y  discharged  volunteer  firemen  shall  be  con- 
embers. 

shall  be  paid  to  the  treasurers  of  the  exempt  or 
nteer  firemen's  associations  existing  in  the  bor- 
imond  on  the  first  day  of  January,  nineteen  hun- 
i,  quarterly,  by  the  comptroller  of  The  City  of 
3r  the  benefit  of  said  associations  and  without 
r  authority  of  or  from  the  board  of  estimate  and 
nt: 

ive  per  centum  annually  of  all  proceeds  of  suits 
under  title  three  of  this  chapter,  which  may  be 
Daid  in  from  the  borough  of  Richmond,  and  of  all 
)ayable  under  the  same  which  may  be  collected 
)m  the  borough  of  Richmond, 
nd  one-half  per  centum  annually  of  all  excise 
cense  fees  belonging  to  The  City  of  New  York, 
?d  by  this  act,  and  derived  or  received  by  any 
r  of  excise  or  public  officer  from  the  granting  of 
rmission  to  sell  strong  or  spirituous  liquors,  ale, 
in  the  borough  of  Richmond,  under  the  provi- 
aw  of  this  state,  authorizing  the  granting  of  any 
or  permission, 

ivs  shall  be  apportioned  by  said  comptroller 
:h  exempt  or  veteran  volunteer  .firemen's  as- 
proportion  to  the  actual  bona  fide  membership 


328 


LAWS  OF  NEW  YORK. 


of  The  City  of  New  York,  as  at  any  time  heretofore  estab- 
hshed,  has  been  or  is  now  entitled,  except  as  in  this  act  other- 
wise specially  provided,  and  the  said  trustee  may  take,  by 
gift,  grant,  devise  or  bequest,  any  money,  real  or  personal 
property,  right  of  property  or  other  valuable  r^^^^^^^  an- 
nual income  of  which  shall  not  exceed  thirty 
lars  in  the  whole;  and  in  any  year,  when  t;v^^K/^{^^< 
the  said  relief  fund  shall  render  it,  in  the  jud'^ 
trustee,  necessary,  he  may  receive  from 
mate  and  apportionment  of  The  City  of 
not  exceeding  ten  thousand  dollars,  tc 
annual  estimate  of  the  fire  commission' 
lected  by  him  in  Hke  manner  as  the  o' 
to  his  expenses ;  and  such  amounts  r 
manner,  be  paid  to  and  applied  by 


of  said  fund,  by  deposit  or  invest  j- 
vided,  as  the  trustee  thereof  sha^  Jie 
sum  of  two  hundred  thousand  d^  ^ved 
and  accumulated  under  the  pr  xll  be 
reserved  and  retained  as  a  p  jal  in- 
come of  which  may  be  madf  nd  pur- 


poses of  said  relief  fund. 

8.  On  or  before  the  firs 
trustee  shall  make  a  veri 
ceedings  as  such  trustf 
ceipts  and  disburseme 
with  the  names  and 
amounts  paid  to  su*- 
fund.    There  shall 
three  members,  to 
members  to  be  f 
bers  of  the  uni^ 
member  to  be 
department, 
fore  the  first 
dition  of  s? 


trustee. 

9.  Th*-  reasurers  of  the  exempt  or 
veteran  ciations  existing  in  the  bor- 
ough ay  of  January,  nineteen  hun- 
dred the  comptroller  of  the  city 
of  N  of  said  associations  and  without 
an^  r  from  the  board  of  estimate  and 


.  year,  the 
of  his  pro- 
^^^j^t  of  all  re- 
IBIBrnd,  together 
fciary  and  the 
account  of  said 
,ee  consisting  of 
or,  as  follows:  two 
ofiicers  and  mem- 
iCpartment,  and  one 
i  members  of  the  fire 
.s  committee,  on  or  be- 
,ar,  to  examine  the  con- 
.t  the  account  of  the  said 


CHARTER  OF  NEW  YORK  CITY. 


329 


a.  Forty-five  per  centum  annually  of  all  proceeds  of  suits 
for  penalties  under  title  three  of  this  chapter,  which  may  be 
collected  or  paid  in  from  the  borough  of  Queens^  and  of  all 
license  fees  payable  under  the  same  which  may  be  collected 
or  paid  in  from  the  borough  of  Queens. 

b.  Four  and  one-half  per  centum  annually  of  all  excise 
moneys  or  license  fees  belonging  to  The  City  of  New  York, 
as  constituted  by  this  act,  and  derived  or  received  by  any  com- 
missioner of  excise  or  public  officer  from  the  granting  of 
licenses  or  permission  to  sell  strong  or  spirituous  liquors,  ale, 
wine  or  beer,  in  the  borough  of  Queens,  under  the  provisions 
of  any  law  of  this  state,  authorizing  the  granting  of  any  such 
licenses  or  permission. 

Said  moneys  shall  be  apportioned  by  said  comptroller 
among  all  such  exempt  or  veteran  volunteer  firemen's  as- 
sociations, in  proportion  to  the  actual  bona  fide  membership 
of  each  such  association  on  the  first  day  of  January  next  pre- 
ceding the  time  when  such  apportionment  is  made.  In  de- 
termining the  membership  of  such  associations,  only  exempt 
or  honorably  discharged  volunteer  firemen  shall  be  con- 
sidered as  members. 

10.  There  shall  be  paid  to  the  treasurers  of  the  exempt  or 
veteran  volunteer  firemen's  associations  existing  in  the  bor- 
ough of  Richmond  on  the  first  day  of  January,  nineteen  hun- 
dred and  one,  quarterly,  by  the  comptroller  of  The  City  of 
New  York  for  the  benefit  of  said  associations  and  without 
any  action  or  authority  of  or  from  the  board  of  estimate  and 
apportionment: 

a.  Forty-five  per  centum  annually  of  all  proceeds  of  suits 
for  penalties  under  title  three  of  this  chapter,  which  may  be 
collected  or  paid  in  from  the  borough  of  Richmond,  and  of  all 
license  fees  payable  under  the  same  which  may  be  collected 
or  paid  in  from  the  borough  of  Richmond. 

b.  Four  and  one-half  per  centum  annually  of  all  excise 
moneys  or  license  fees  belonging  to  The  City  of  New  York, 
as  constituted  by  this  act,  and  derived  or  received  by  any 
commissioner  of  excise  or  public  officer  from  the  granting  of 
license  or  permission  to  sell  strong  or  spirituous  liquors,  ale, 
wine  or  beer  in  the  borough  of  Richmond,  under  the  provi- 
sions of  any  law  of  this  state,  authorizing  the  granting  of  any 
such  licenses  or  permission. 

Said  moneys  shall  be  apportioned  by  said  comptroller 
among  all  such  exempt  or  veteran  volunteer  firemen's  as- 
sociations in  proportion  to  the  actual  bona  fide  membership 


330 


LAWS  OF  NEW  YORK. 


of  each  such  association  on  the  first  day  of  January  next  pre- 
ceding the  time  when  such  apportionment  is  made.  In  de- 
termining the  membership  of  such  associations,  only  exempt 
or  honorably  discharged  volunteer  firemen  shall  be  con- 
sidered as  members. 

II.  There  shall  be  paid  to  the  treasurer  of  the  firemen's  as- 
sociation of  the  state  of  New  York,  who  shall  pay  over  the 
same  to  the  treasurer  of  the  volunteer  firemen's  home  asso- 
ciation at  Hudson,  New  York,  quarterly,  by  the  comptroller 
of  The  City  of  New  York  without  any  action  or  authority  of 
or  from  the  board  of  estimate  and  apportionment: 

a.  Ten  per  centum  annually  of  all  proceeds  of  suits  for 
penalties  under  title  three  of  this  chapter  which  may  be  col- 
lected or  paid  in  from  the  boroughs  of  Queens  and  Richmond, 
and  of  all  license  fees  payable  under  the  same  which  may  be 
collected  or  paid  in  from  the  boroughs  of  Queens  and  Rich- 
mond. 

b.  One  per  centum  annually  of  all  excise  moneys  or  license 
fees  belonging  to  The  City  of  New  York,  as  constituted  by 
this  act,  and  derived  or  received  by  any  commissioner  of  ex- 
cise or  public  officer  from  the  granting  of  licenses  or  permis- 
sion to  sell  strong  or  spirituous  liquors,  ale,  wine  or  beer  in 
the  boroughs  of  Queens  and  Richmond,  under  the  provisions 
of  any  law  of  this  state,  authorizing  the  granting  of  any  such 
licenses  or  permission. 

Retiring  members  of  fire  department;  pensions,  etc. 

§  790.  The  fire  commissioner  shall  have  power  to  retire 
from  all  service  in  the  said  fire  department,  or  to  relieve  from 
service  at  fires,  any  officer  or  member  of  the  uniformed  force 
of  said  department,  who  may,  upon  an  examination  by  the 
medical  officers,  ordered  by  the  said  fire  commissioner,  be 
found  to  be  disqualified,  physically  or  mentally,  for  the  per- 
formance of  his  duties;  and  the  said  officer  or  member  so 
retired  from  service  shall  receive  from  said  relief  fund  an 
annual  allowance  as  pension  in  case  of  total  disqualification 
for  service,  or  as  compensation  for  limited  service  in  case  of 
partial  disability;  in  every  case,  the  said  fire  commissioner  is 
to  determine  the  circumstances  thereof,  and  said  pension  or 
allowance  so  allowed  is  to  be  in  lieu  of  any  salary  received  by 
such  officer  or  member  at  the  date  of  his  being  so  relieved  or 
retired  from  fire  duty  in  said  department,  and  the  said  depart- 
ment shall  not  be  held  liable  for  the  payment  of  any  claim  or 
demand  for  services  thereafter  rendered,  and  the  amount  of 


CHARTER  OF  NEW  YORK  CITY. 


such  pension  or  allowance  shall  be  determined  upon  the  follow- 
ing conditions:  In  case  of  total  permanent  disability,  at  any 
time,  caused  in  or  induced  by  the  actual  performance  of  the 
duties  of  his  position,  or  which  may  occur  after  ten  years' 
active  and  continuous  service  in  the  said  fire  department,  the 
amount  of  annual  pension  to  be  allowed  shall  be  one-half  of 
the  annual  compensation  allowed  such  officer  or  member  as 
salary  at  the  date  of  his  retirement  from  the  service,  or  such 
less  sum  in  proportion  to  the  number  of  officers  and  members 
so  retired  as  the  condition  of  the  fund  will  warrant.  But 
should  permanent  disability  caused  by  injuries  received  in  the 
active  discharge  of  his  duties  disqualify  him  only  from  per- 
forming active  duty  in  the  uniformed  ^orce,  he  rhall  be  em- 
ployed at  the  salary  received  when  such  disability  occurred  in 
some  position  in  the  department  not  requiring  active  service 
as  a  fireman.  In  case  of  total  permanent  disability  not  caused 
in  or  induced  by  the  actual  performance  of  the  duties  of  his 
position,  or  which  shall  have  occurred  before  the  expiration  of 
ten  years'  active  and  continuous  service  in  the  said  fire  depart- 
ment, the  amount  of  annual  pension  to  be  allowed  shall  be  one- 
third  of  the  annual  compensation  allowed  such  officer  or  mem- 
ber as  salary  at  the  date  of  his  retirement  from  the  service,  or 
in  proportion  to  the  number  of  officers  and  members  so  retired, 
as  the  condition  of  the  fund  will  warrant.  In  case  of  partial 
permanent  disability,  caused  in  or  induced  by  the  actual  per- 
formance of  the  duties  of  his  position,  or  which  may  occur 
after  ten  years'  active  and  continuous  service  in  the  said  fire 
department,  the  officer  or  member  so  disabled  shall  be  relieved 
from  active  service  at  fires,  but  shall  remain  a  member  of  the 
uniformed  service,  subject  to  the  rules  governing  said  force, 
and  to  the  performance  of  such  light  duties  as  the  medical 
officer  of  the  said  fire  department  may  certify  him  to  be  quali- 
fied to  perform;  and  the  annual  allowance  to  be  paid  such 
member  or  officer  shall  be  one-half  of  the  annual  compensation 
allowed  as  salary  at  the  date  of  his  being  so  relieved,  or  such 
less  sum,  in  proportion  to  the  number  of  officers  and  members 
so  retired,  as  the  condition  of  the  fund  will  warrant.  In  case 
of  partial  disability,  not  caused  or  induced  by  the  actual  per- 
formance of  the  duties  of  his  position,  or  which  may  occur 
before  ten  years'  active  and  continuous  service  in  the  said  fire 
department,  the  officer  or  member  so  disabled  shall  be  relieved 
from  active  service  at  fires,  but  shall  remain  a  member  of  the 
uniformed  force,  subject  to  the  rules  governing  said  force,  and 
to  the  performance  of  such  light  duties  as  the  medical  officer 


332 


LAWS  OF  NEW  YORK. 


of  said  department  may  certify  him  to  be  qualified  to  perform, 
and  the  annual  allowance  to  be  paid  to  such  officer  or  member 
shall  not  exceed  one-third  of  the  annual  compensation  allowed 
as  salary  at  the  date  of  his  being  so  relieved,  or  such  less  sum 
as  the  fire  commissioner  may,  in  his  discretion,  determine,  or 
as  the  condition  of  the  fund  will  warrant.  Any  officer  or  mem- 
ber of  the  uniformed  force  of  the  said  fire  department  of  The 
City  of  New  York,  who  has  or  shall  have  performed  duty 
therein  for  a  period  of  twenty  years  or  upwards,  shall  upon 
his  own  application,  in  writing,  or  upon  a  certificate  of  the 
board  of  medical  officers  showing  that  such  member  is  perma- 
nently disabled,  physically  or  mentally,  so  as  to  be  unfit  for 
duty,  be  retired  and  dismissed  from  said  force  and  service, 
and  placed  on  the  roll  of  the  relief  or  pension  fund,  and 
awarded  and  granted,  to  be  paid  from  the  said  relief  or  pension 
fund,  an  annual  pension  during  his  lifetime  of  a  sum  not  less 
than  one-half  the  full  salary  or  compensation  of  such  member 
so  retired.  The  pensions  granted  under  this  section  shall  be 
for  the  natural  life  of  the  pensioner,  and  shall  not  be  revoked, 
repealed  or  diminished;  provided,  however,  that  no  member 
of  either  of  the  uniformed  fire  departments  by  this  act  consoli- 
dated, having  a  right  to  retire  on  pension  at  the  time  this  act 
takes  efTect,  shall  be  deprived  of  such  right  by  reason  of  his 
remaining  a  member  of  said  fire  department,  or  of  anything  in 
this  act  contained. 

Trustee  of  relief  fund;  when  to  pay  pensions. 

§  791.  The  trustee  of  the  relief  fund  is  authorized  and  em- 
powered, from  time  to  time,  to  pay  a  pension  out  of  said  relief 
fund  to  the  widow,  child  or  children  or  dependent  parent  or 
parents  of  any  deceased  officer  or  member  of  the  uniformed 
force  of  the  said  fire  department,  if  the  death  of  such  officer 
or  member  occur  during  his  service  in  the  said  uniformed 
force,  or  after  he  was  retired  from  service  in  said  uniformed 
force;  provided,  that  the  amount  of  any  such  pension  to  be 
paid  by  the  said  trustee  to  each  of  the  several  representatives 
of  such  officer  or  member  as  aforesaid  (in  case  there  shall  be 
more  than  one),  may  be,  from  time  to  time,  determined  by 
the  said  trustee  according  to  the  circumstances  of  each  case, 
and  that  such  pension  may  be  ordered  to  cease  and  terminate 
at  any  time  if,  in  the  opinion  of  the  trustee,  the  circumstances 
should  warrant  the  same ;  and  further  provided,  that  not  more 
than  three  hundred  dollars  shall  be  paid  in  any  one  year  to 
the  representative  or  representatives  of  such  officer  or  mem- 


CHARTER  OF  NEW  YORK  CITY. 


333 


ber,  and  that  no  part  of  such  sum  shall  be  paid  to  any  such 
widow  who  shall  marry  again,  after  her  remarriage,  or  to  any 
child  after  it  shall  have  reached  the  age  of  sixteen  years.  In 
case  any  officer  or  member  of  the  uniformed  force  of  said 
department  is  hereafter  killed  while  actually  engaged  in  the 
performance  of  duty,  or  if  death  ensues  as  the  immediate 
effect  of  injuries  so  received  the  trustee  of  said  relief  fund 
shall  have  the  power  to  award  to  the  widow  of  such  officer  or 
member  an  annual  allowance  as  a  pension,  to  be  paid  out  of 
the  said  relief  fund,  in  an  amount  not  to  exceed  one-half  of 
the  salary  or  compensation  of  such  officer  or  member  at  the 
date  of  his  decease.  If  such  officer  or  member  dying  leaves 
no  widow  surviving  him,  but  leaves  a  child  or  children,  under 
the  age  of  eighteen  years,  or  dependent  parent  or  parents,  the 
said  trustee  shall  have  the  power  to  award  to  the  legal  guardian 
of  such  child  or  children,  or  dependent  parent  or  parents,  for 
its  or  their  support  and  maintenance,  an  annual  allowance  out 
of  said  relief  fund,  in  amount  not  to  exceed  one-half  of  the 
salary  or  allowance  of  such  officer  or  member  at  the  date  of 
the  decease.  The  amount  of  such  annual  allowance  to  any 
widow  shall  not  exceed  the  sum  of  one  thousand  dollars,  and 
shall  cease  upon  her  death  or  remarriage,  or  if  she  shall  have 
been  guilty  of  conduct  which,  in  the  opinion  of  said  trustee, 
renders  further  payment  inexpedient.  The  amount  of  such 
annual  allowance  to  any  one  such  child,  or  dependent  parent  or 
parents,  shall  not  exceed  the  sum  of  five  hundred  dollars,  and 
in  every  case  such  payment  shall  cease  upon  the  death  or  mar- 
riage of  such  child,  or  upon  its  reaching  the  age  of  eighteen 
years.  If  such  payment  to  the  widow  of  any  such  officer  or 
member  shall  cease  by  reason  of  her  death,  remarriage  or  mis- 
conduct, the  said  trustee  shall  have  power  to  make  payments 
to  the  child  or  children  or  dependent  parent  or  parents  of  such 
officer  or  member,  if  any,  as  though  he  had  died  without  leav- 
ing a  widow  surviving  him.  The  widows  and  orphans  and 
retired  members  of  the  Brooklyn  fire  department,  or  of  any 
other  fire  department  of  any  of  the  municipal  and  public  cor- 
porations or  parts  thereof  hereby  consolidated,  shall  be  entitled 
to  receive  from  the  fire  department  pension  fund  herein  created 
the  amounts  which  they  would  respectively  have  been  legally 
entitled  to  receive  on  the  thirty-first  day  of  December,  eighteen 
hundred  and  ninety-seven,  from  any  fire  department  pension 
or  relief  fund  heretofore  existing  in  any  of  said  municipal 
corporations  or  parts  thereof. 


334 


LAWS  OF  NEW  YORK. 


Life  insurance  fund. 

§  792.  The  life  insurance  fund  shall  consist  of  all  moneys 
that  are  now  to  the  credit  of  the  New  York  fire  department 
life  insurance  fund,  and  the  Brooklyn  fire  department  widows' 
and  orphans'  relief  fund ;  and  all  persons  who  have  paid  into 
the  said  respective  funds,  and  who  shall  continue  to  pay  into 
the  life  insurance  fund,  shall  receive  the  benefits  of  said  fund 
as  provided  in  this  chapter.  There  shall  be  deducted  from 
the  monthly  pay  of  each  officer  and  fireman  of  said  department, 
and  from  the  monthly  pension  of  retired  members  of  said  de- 
partment, and  from  the  pay  of  such  other  employes  of  said 
department  as  shall  heretofore  have  availed  themselves  of 
this  provision  until,  as  hereinafter  provided,  the  amount  of 
said  fund  shall  equal  the  sum  of  ten  thousand  dollars, 
the  monthly  sum  of  one  dollar,  which  shall  be  received  and 
deposited  by  the  treasurer  of  the  relief  fund  to  the  credit  of 
the  New  York  fire  department  life  insurance  fund,  in  a 
bank  or  trust  company  to  be  selected  by  him  and  to  continue 
to  receive  and  deposit  the  funds  applicable  to  the  same  to  the 
credit  of  said  fund.  The  said  treasurer  shall  make  a  semi- 
annual report  verified  by  him  of  the  condition  of  said  fund 
containing  a  statement  of  all  receipts  and  disbursements  for 
or  on  account  of  said  fund,  together  with  names  of  all  bene- 
ficiaries and  the  amount  paid  to  each,  and  file  said  report  in 
the  office  of  the  comptroller.  When  the  amount  of  such  fund 
shall  equal  the  sum  of  ten  thousand  dollars,  assess- 
ment shall  only  be  made  to  maintain  said  fund  at 
the  said  sum  of  ten  thousand  dollars.  In  case  of  the 
death  of  any  member  or  employe  of  said  department  in  the 
service  thereof,  who  has  availed  himself  of  this  provision,  or 
of  any  pensioned  or  retired  member  of  said  department,  and 
so  contributing,  there  shall  be  paid  to  the  widow,  or,  if  there 
be  no  widow,  then  to  the  legal  representatives  of  such  de- 
ceased member,  or  employe,  or  pensioned  and  retired  member, 
the  sum  of  one  thousand  dollars  out  of  the  moneys  so  assessed ; 
and  in  case,  by  reason  of  the  number  of  deaths,  the  aggregate 
amount  of  money  so  provided  to  be  assessed  and  collected 
should  prove  inadequate  to  make  such  payment,  then  the 
assessment  may,  in  the  discretion  of  said  trustee,  be  increased 
to  not  exceeding  the  sum  of  two  dollars  in  each  month's  pay 
or  each  month's  pension  of  pensioned  and  retired  members  of 
said  department.  None  but  members  of  the  uniformed  force 
shall  hereafter  be  eligible  to  membership  in  this  fund.  If,  in 
any  year,  owing  to  an  excessive  mortality  in  the  uniformed 


CHARTER  OF  NEW  YORK  CITY. 


335 


force,  the  condition  of  said  life  insurance  fund  shall  render  it, 
in  the  judgment  of  tlie  said  trustee,  necessary,  a  sum  not  ex- 
ceeding five  thousand  dollars  may  be  transferred  and  paid 
over  from  the  said  relief  fund  to  the  said  life  insurance  fund 
for  the  use  and  purpose  of  said  life  insurance  fund. 

TITLE  6. 

Tax  upon  Foreign  Insurance  Companies, 

Corporations  liable  to  taxation. 

§  798.  Any  corporation  or  association  created  by  or  or- 
ganized under  the  laws  of  any  government  other  than  the 
states  of  this  Union,  and  having  assets,  funds,  or  capital,  not 
less  in  amount  than  one  hundred  and  fifty  thousand  dollars, 
invested  in  this  state,  shall  be  liable  to  taxation  upon  such 
assets,  funds  or  invested  capital  as  the  same  is  levied  or  as- 
sessed yearly  by  law,  which  tax  shall  be  paid  as  follows :  Such 
an  amount  thereof  as  would  be  equal  to  two  per  centum  upon 
its  gross  premiums  received  for  insurance  upon  property, 
in  The  City  of  New  York  shall,  except  as  otherwise  in  this 
title  provided,  be  paid  annually  to  the  fire  commissioner  as 
treasurer  of  the  fire  department,  and  the  residue  of  said  tax 
requisite  to  make  up  the  full  amount  of  taxation  upon  its 
capital  shall  be  paid  to  The  City  of  New  York,  as  in  the  case 
of  ordinary  taxation ;  and  the  payments  so  made  as  afore- 
said shall  exempt  such  corporation  or  association  making  the 
same  from  any  and  all  further  taxation  upon  its  premiums, 
capital  or  assets ;  and  whenever  such  capital  shall  be  reduced 
below  said  sum  of  one  hundred  and  fifty  thousand  dollars,  or 
withdrawn  entirely,  then,  and  in  either  event,  such  corpora- 
tion or  association  shall  be  liable  to  pay  the  tax  upon  its  pre- 
miums as  heretofore  provided  in  this  title. 

Moneys  paid  to  department  by  insurance  companies,  etc. 

§  799.  There  shall  be  paid  to  the  fire  commissioner  as 
treasurer  of  the  fire  department,  for  the  use  and  benefit  of 
said  fire  department,  on  the  first  day  of  February,  in  each 
year,  by  every  person  who  shall  act  in  The  City  of  New  York, 
as  agent  for  or  on  behalf  of  any  individual  or  association 
of  individuals,  not  incorporated  by  the  laws  of  this  state,  to 
effect  insurance  against  losses  or  injury  by  fire  in  The  City  of 
New  York,  although  such  individuals  or  association  may  be 
incorporated  for  that  purpose  by  any  other  state  or  country, 


336 


LAWS  OF  NEW  YORK. 


the  sum  of  two  dollars  upon  the  hundred  dollars,  and  at  that 
rate  upon  the  amount  of  all  premiums  which,  during  the 
year  ending  on  the  next  preceding  first  day  of  September, 
shall  have  been  received  by  such  agent  or  person,  or  received 
by  any  other  person  for  him,  or  shall  have  been  agreed  to  be 
paid  for  any  insurance  against  loss  or  injury  by  fire  in  the 
c.ity  effected,  or  agreed  to  be  effected,  or  promised  by  him  as 
such  agent. 

Account  of  premiums  by  city  agent. 

§  800.  Every  person  who  shall  act  In  the  city  as  agent  as 
aforesaid  shall,  on  the  first  day  of  February,  in  each  year, 
render  to  the  fire  commissioner  as  treasurer  of  the  fire  de- 
partment a  just  and  true  account,  verified  by  his  oath,  of  all 
such  premiums  which,  during  the  year  ending  on  the  first  day 
of  September  preceding,  shall  have  been  received  by  him, 
or  by  any  person  for  him,  or  which  shall  have  been  agreed  to 
be  paid  for  any  such  insurance  effected,  or  agreed  to  be 
effected,  or  promised  by  him. 

Undertaking:. 

§801.  No  person  shall,  as  agent  or  otherwise,  effect  or 
agree  to  effect,  or  procure  to  be  effected,  any  insurance  upon 
which  the  duty  above  mentioned  is  required  to  be  paid,  until 
he  shall  have  executed  and  delivered  to  the  said  fire  commis- 
sioner as  treasurer,  an  undertaking,  under  seal,  to  the  fire  de- 
partment, with  such  sureties  as  the  said  treasurer  shall  ap- 
prove that  he  will,  on  the  first  day  of  February,  in  each  year, 
render  a  just  and  true  account,  verified  by  his  oath,  of  all 
such  premiums,  which,  during  the  year  ending  on  the  first 
day  of  September  preceding,  shall  have  been  received  by 
him,  or  by  any  person  for  him,  or  which  shall  have  been 
agreed  to  be  paid  for  any  such  insurance  effected,  or  agreed 
to  be  effected,  or  promised  by  him,  and  that  he  will,  on  the 
first  day  of  February  in  each  year,  pay  to  the  said  fire  com- 
missioner as  treasurer  two  dollars  upon  every  hundred  dol- 
lars, and  at  that  rate  upon  the  amount  of  such  premiums. 

Id.;  renewal  of. 

§  802.  Whenever,  by  reason  of  the  failure  of  the  sureties 
or  either  of  them,  or  for  any  other  cause,  an  undertaking 
given  under  the  last  preceding  section  shall  have  or  may  be 
deemed  insufficient  by  the  said  fire  commissioner  as  treas- 
urer to  secure  a  return  of  the  account  and  the  payment  of 


CHARTER  OF  NEW  YORK  CITY. 


837 


the  duty  aforesaid,  or  either  of  them,  the  said  commissioner 
as  treasurer,  at  his  election,  but  not  oftener  than  once  in 
each  year,  may  require  such  undertaking  to  be  renewed. 

Id.;  penalty  for  not  executing. 

§  803.  Every  person  who  shall  effect,  agree  to  effect, 
promise  or  procure  any  insurance  mentioned  in  the 
preceding  sections  of  this  title,  without  having  executed 
and  delivered  the  undertaking  hereinbefore  required,  shall, 
for  each  offense,  forfeit  one  thousand  dollars,  for  the  use  of 
the  said  fire  department;  and  every  person  who  shall  have 
been  required  by  the  fire  commissioner  as  treasurer  to  re- 
new his  undertaking,  pursuant  to  the  last  preceding  section, 
who  shall  effect,  agree  to  effect,  promise  or  procure  any  such 
insurance,  without  having  executed  and  delivered  the  re- 
newed undertaking,  shall  for  each  offense  forfeit  one  thou- 
sand dollars,  for  the  use  of  the  said  fire  department. 

Demand  for  accounts. 

§  804.  It  shall  be  lawful  for  the  fire  commissioner  as  treas- 
urer of  the  fire  department,  on  or  after  the  first  day  of  Feb- 
ruary in  each  year,  by  written  or  printed  demand,  signed  by 
him,  to  require  from  every  person  who  shall  act  in  the  city 
as  agent,  as  aforesaid,  the  account  provided  for  in  this  title, 
and  payment  of  the  duty  provided  for;  such  demand  may  be 
dehvered  personally  to  such  agent,  or  at  his  office  or  place 
of  business  to  any  person  having  charge  thereof,  or  who 
shall,  for  ten  days  after  such  demand  neglect  to  render  the 
account  or  to  pay  the  duty  demanded,  or  either  of  them, 
shall  forfeit  fifty  dollars,  for  the  use  of  the  said  fire  depart- 
ment; and  he  shall  also  forfeit  for  their  use  twenty-five  dol- 
lars in  addition  for  every  day  that  he  shall  so  neglect,  after 
the  expiration  of  said  ten  days,  and  such  additional  penalty 
may  be  computed  and  recovered  up  to  the  time  of  any  suit 
for  the  recovery  thereof. 

Place  of  business  to  be  reported. 

§  805.  Every  person  who  shall  act  in  the  city  as  agent,  as 
aforesaid,  shall,  on  the  first  day  of  February  in  each  year,  or 
within  ten  days  thereafter,  and  as  often  in  each  year  as  he 
shall  change  his  place  of  business  in  the  city,  report  in  writ- 
ing, imder  his  proper  signature,  to  the  comptroller  of  this 
state,  and  also  to  the  fire  commissioner  as  treasurer  of  the 
said  fire  department,  the  street  and  the  number  thereof  in 


338 


LAWS  OF  NEW  YORK. 


the  said  city,  of  his  place  of  business  as  such  agent,  desig- 
nating in  such  report  the  individual  or  individuals  and  asso- 
ciation or  associations  for  which  he  shall  be  such  agent.  And 
in  case  of  default  in  any  of  these  particulars,  such  person 
shall  forfeit  for  every  offense  the  sum  of  one  thousand  dol- 
lars, for  the  use  of  the  said  fire  department. 

Suits  for  violations. 

§  806.  The  duty  provided  to  be  paid  by  this  title,  the  dam- 
ages for  any  breach  of  the  undertakings,  or  either  of  them, 
provided  for  therein,  and  the  pecuniary  penalties  imposed 
therein,  or  any  or  either  of  them,  may  be  sued  for  and  recov- 
ered, with  costs  of  suit,  in  any  court  of  record  within  this 
state,  by  the  fire  commissioner,  for  the  use  of  said  depart- 
ment. 

Arrest  of  defendant. 

§  807.  The  defendant  in  any  action  to  be  brought  for  the 
recovery  of  any  penalty  incurred,  or  any  duty  or  sum  of 
money  payable  under  this  title,  may  be  arrested,  if  he  is  not  a 
resident  of  this  state,  or  is  about  to  remove  therefrom.  An 
order  for  the  arrest  of  the  defendant  must  be  obtained  from 
a  judge  of  the  court  in  which  the  action  is  brought,  or  from 
a  county  judge.  The  order  shall  be  made  when  it  shall  ap- 
pear to  the  judge,  by  affidavit,  that  a  sufficient  cause  of  ac- 
tion exists  under  this  title,  and  that  the  defendant  is  not  a 
resident  of  this  state,  or  is  about  to  remove  therefrom. 

Tax  on  receipts  of  foreign  fire  insurance  companies. 

§  808.  The  corporation  known  as  The  Trustees  of  the 
Exempt  Firemen's  Benevolent  Fund  of  The  City  of  New  York," 
shall  be  entitled  to  collect,  and  there  shall  be  paid  to  it  until  -the 
seventeenth  day  of  January,  nineteen  hundred  and  seven,  the 
percentage  of  tax  on  the  receipts  of  the  foreign  fire  insurance 
companies  doing  business  in  The  City  of  New  York,  as  hereto- 
fore constituted,  as  provided  by  this  title,  except  as  to  business 
done  by  said  foreign  fire  insurance  companies  in  that  part 
or  portion  of  said  city,  known  and  designated  as  the  twenty- 
third  and  twenty-fourth  wards,  and-  all  returns  and  under- 
takings required  by  this  title,  except  as  to  such  business  in  the 
said  twenty-third  and  twenty- fourth  wards,  shall,  during  such 
period,  be  made  to  the  treasurer  of  the  trustees  of  such  corpora- 
tion. The  trustees  of  the  exempt  firemen's  benevolent  fund, 
of  The  City  of  New  York,  shall  render  to  the  fire  commissioner 


CHARTER  OF  NEW  YORK  CITY. 


339 


of  The  City  of  New  York  and  to  the  treasurer  of  the  Fire- 
men's Association  of  the  state  of  New  York,  quarterly,  in  each 
year,  a  sworn  statement  in  detail  of  the  amounts  collected  and 
received,  and  from  whom  and  from  what  source,  on  account 
of  said  tax,  during  each  quarter;  and  shall,  at  the  same  time, 
pay  over  to  the  said  fire  commissioner,  as  treasurer,  forty-five 
per  centum  of  the  amount  so  collected  and  received  in  each 
quarter  year,  for  the  use  and  benefit  of  the  relief  fund  of  the 
fire  department  of  The  City  of  New  York,  and  to  the  treasurer 
of  the  Firemen's  Association  of  the  state  of  New  York,  ten 
per  centum  of  the  amount  so  collected  and  received,  for  the 
endowment,  benefit  and  maintenance  of  the  Volunteer  Fire- 
men's Home,  at  Hudson,  Columbia  county,  New  York,  and 
the  moneys  so  received  by  the  treasurer  of  such  association 
shall  be  paid  by  him  to  the  treasurer  of  the  Volunteer  Fire- 
men's Home  Association,  upon  the  order  of  the  board  of 
trustees  thereof,  as  provided  by  the  by-laws  of  the  said  Home 
Association,  and  the  balance  of  said  fund  shall  be  applied  to 
the  uses  and  purposes  of  said  corporation,  as  defined  and  pro- 
vided by  chapter  fifteen  of  the  laws  of  eighteen  hundred  and 
eighty-six.  The  said  corporation  may  maintain  in  its  cor- 
porate name  any  action  or  actions  in  any  court  of  record  of 
this  state  to  recover  the  tax  or  percentage  aforesaid  during 
such  period,  and  also  to  recover  for  the  breach  of  any  bond 
or  undertaking,  which  has  been  given  or  may  be  given  to  it 
pursuant  to  the  provision  of  this  title,  or  any  penalty  imposed 
thereby.  The  corporation  known  as  "  The  Exempt  Firemen's 
Benevolent  Fund  Association  of  the  Twenty-third  Ward  of 
The  City  of  New  York  (late  town  of  Morrisania,  in  the  county 
of  Westchester),  in  the  county  of  New  York,"  shall  be  entitled 
to  collect,  and  there  shall  be  paid  to  it  until  the  seventeenth  day 
of  January,  nineteen  hundred  and  seven,  the  percentage  or  tax 
on  receipts  of  the  foreign  fire  insurance  companies  in  the 
twenty-third  and  twenty- fourth  wards  of  The  City  of  New 
York,  as  provided  for  by  this  title,  and  all  returns  for  such 
business  in  said  twenty-third  and  twenty-fourth  wards  shall, 
during  such  period,  be  made  to  the  treasurer  of  said  last-named 
corporation.  The  said  last-named  corporation  shall,  during 
said  period,  render  to  the  fire  commissioner  of  The  City  of 
New  York,  and  to  the  treasurer  of  the  Firemen's  Association 
of  the  State  of  New  York,  quarterly,  in  each  year,  a  sworn 
statement  in  detail  of  the  amounts  collected  and  received,  and 
from  whom  and  from  what  source,  on  account  of  said  tax,  dur- 
ing each  quarter,  and  shall,  at  the  same  time  pay  over  to  said 


340 


LAWS  OF  NEW  YORK. 


fire  commissioner,  as  treasurer,  forty-five  per  centum  of  the 
amount  so  collected  and  received  in  each  quarter  year,  for  the 
use  and  benefit  of  the  relief  fund  of  the  fire  department  of 
The  City  of  New  York,  and  to  the  treasurer  of  The  Firemen's 
Association  of  the  State  of  New  York,  ten  per  centum  of  the 
amount  so  collected  and  received,  for  the  endowment,  benefit 
and  maintenance  of  the  Volunteer  Firemen's  Home  at  Hud- 
son, Columbia  county.  New  York,  and  the  moneys  so  received 
by  the  treasurer  of  such  association  shall  be  paid  by  him  to  the 
treasurer  of  the  Volunteer  Firemen's  Home  Association,  upon 
the  order  of  the  board  of  trustees  thereof,  as  provided  by  the 
by-laws  of  said  Home  Association,  and  the  balance  of  the 
moneys  so  collected  and  received  by  it  during  such  period  shall 
be  applied  to  the  uses  and  purposes  of  said  corporation,  as 
defined  and  provided  by  chapter  four  hundred  and  ninety-eight 
of  the  laws  of  eighteen  hundred  and  seventy-five.  The  said 
last-named  corporation  may  maintain  in  its  corporate  name 
any  action  or  actions  in  any  court  of  record  of  the  state  of 
New  York,  to  recover  the  tax  or  percentage  aforesaid  upon 
such  business  done  in  said  twenty-third  and  twenty-fourth 
wards  during  such  period,  and  also  to  recover  for  the  breach 
of  bond  or  undertaking  which  has  been  or  may  be  given  to 
it  pursuant  to  the  provisions  of  this  title,  or  any  penalty  im- 
posed thereby.  From  and  after  the  seventeenth  day  of  Janu- 
ary, nineteen  hundred  and  seven,  the  said  percentage  of  tax 
shall  be  collected  by  the  treasurer  of  the  fire  department  of  The 
City  of  New  York,  as  provided  in  this  title,  and  thereafter 
until  the  seventeenth  day  of  January,  nineteen  hundred  and 
seventeen,  the  treasurer  of  said  fire  department  shall  render 
to  the  said  corporation  known  as  The  Trustees  of  the  Ex- 
empt Firemen's  Benevolent  Fund  of  The  City  of  New  York," 
and  to  the  treasurer  of  the  Firemen's  iVssociation  of  the  State 
of  New  York,  quarterly,  in  each  year,  a  sworn  statement  in 
detail  of  the  amounts  collected  and  received,  and  from  whom 
and  from  what  source,  on  account  of  said  tax,  during  each 
quarter,  excepting  the  amounts  collected  in  that  portion  of  said 
city,  known  as  the  twenty-third  and  twenty-fourth  wards,  and 
shall,  at  the  same  time,  pay  over  to  the  said  treasurer  of  the 
corporation  known  as  "  The  Trustees  of  the  Exempt  Firemen's 
Benevolent  Fund  of  The  City  of  New  York,"  forty-five  per 
centum  of  the  amount  so  received  in  each  quarter  year,  for 
the  use  and  benefit  of  the  said  benevolent  fund,  and  to  the 
treasurer  of  the  Firemen's  Association  of  the  state  of  New 
York  ten  per  centum  of  the  amount  so  received  in  each  quarter 


CHARTER  OF  NEW  YORK  CITY. 


341 


year,  for  the  endowment  and  maintenance  of  the  said  volun- 
teer firemen's  home ;  and  the  money  so  received  by  the  said 
treasurer  sliall  be  paid  over  to  the  treasurer  of  said  volunteer 
firemen's  home  in  the  manner  aforesaid.    The  said  treasurer 
of  the  fire  department  shall  appropriate  and  apply  the  remain- 
der of  the  moneys  so  to  be  collected  and  received  to  the  uses 
and  purposes  of  the  relief  fund  of  said  department.    Until  the 
seventeenth  day  of  January,  nineteen  hundred  and  seventeen, 
the  treasurer  of  said  fire  department  shall  render  to  the  treasurer 
of  the  corporation  known  as  the  trustees  of  "The  Exempt  Fire- 
men's Benevolent  Fund  Association  of  the  Twenty-third  and 
Twenty- fourth  Wards  of  The  City  of  New  York  (late  town  of 
Morrisania,  in  the  county  of  Westchester),  in  the  county  of 
New  York,"  and  to  the  treasurer  of  the  Firemen's  Association 
of  the  state  of  New  York,  quarterly,  in  each  year,  a  sworn 
statement  in  detail  of  the  amounts  collected  and  received,  and 
from  whom  and  from  what  source,  on  account  of  said  tax, 
during  each  quarter,  in  that  portion  of  the  said  city  known 
as  the  twenty-third  and  twenty-fourth  wards,  and  shall,  at  the 
same  time,  pay  over  to  the  said  treasurer  of  the  said  corpora- 
tion known  as  the  trustees  of  "  The  Exempt  Firemen's  Ben- 
evolent Fund  Association  of  the  Twenty-third  Ward  of  The 
City  of  New  York  (late  town  of  Morrisania,  in  the  county  of 
Westchester),  in  the  county  of  New  York,"  forty-five  per 
centum  of  the  amount  so  received  in  each  quarter  year,  for 
the  use  and  benefit  of  the  said  corporation,  and  to  the  treasurer 
of  the  said  firemen's  association  of  the  state  of  New  York, 
ten  per  centum  of  the  amount  so  received  in  each  quarter  year, 
for  the  endowment  and  maintenance  of  said  volunteer  fire- 
men's home,  and  the  moneys  so  received  by  said  treasurer  shall 
be  paid  over  to  the  treasurer  of  said  volunteer  firemen's  home 
in  the  manner  aforesaid.    The  said  treasurer  of  the  fire  depart- 
ment shall  appropriate  and  apply  the  remainder  of  the  moneys 
so  to  be  collected  and  received  by  it  to  the  uses  and  purposes 
of  the  relief  fund  of  said  department.    The  said  corporations 
known  respectively  as  "  The  Trustees  of  the  Exempt  Firemen's 
Benevolent  Fund  Association  of  The  City  of  New  York,"  and 
"  The  Exempt  Firemen's  Benevolent  Fund  Association  of  the 
Twenty-third  Ward  of  The  City  of  New  York  (late  town  of 
Morrisania,  in  the  county  of  Westchester),  in  the  county  of 
New  York,"  shall  each  make  an  annual  report  to  the  comp- 
troller of  the  state  of  New  York,  on  or  before  the  first  day  in 
January  in  each  year,  duly  verified  by  the  president  and  treas- 
urer thereof,  of  the  amount  of  money  received  during  the 


342 


LAWS  OF  NEW  YORK. 


year,  and  from  whom  and  from  what  source  received,  and  giv- 
ing in  detail  the  names  and  residences  of  all  persons  to  whom 
and  for  what  purposes  any  moneys  were  paid,  with  the  amount 
paid  to  each  recipient,  and  of  the  amount  of  money  on  hand, 
and  how  invested.  No  trustee,  officer  or  agent  of  either  of 
said  corporations  shall  grant  or  give  to  any  beneficiary  or  other 
person  any  greater  sum  than  shall  have  been  determined  by 
the  board  of  trustees  of  such  corporation  by  a  vote  of  a  major- 
ity of  such  trustees,  after  due  investigations  of  the  circum- 
stances of  each  case,  and  all  payments  of  pensions  or  donations 
shall  be  made  by  the  treasurer  upon  such  order  of  the  trustees 
of  the  corporation,  and  for  all  such  payments  the  treasurer 
shall  take  receipts  from  the  beneficiaries  receiving  the  same, 
which  receipts  shall  be  filed  with  his  report  to  the  trustees  of 
the  corporation. 

Tax  on  receipts  of  foreign  fire  insurance  companies  doing  business 
in  the  borough  of  Brooklyn, 

§  809.  There  shall  be  paid  to  the  fire  commissioner,  until 
the  seventeenth  day  of  January  in  the  year  nineteen  hundred 
and  seventeen,  the  percentage  or  tax  upon  the  receipts  of  for- 
eign fire  insurance  companies  doing  business  in  the  borough  of 
Brooklyn;  and  said  commissioner  shall  cause  the  moneys  so 
paid  to  him  to  be  paid  out  and  disposed  of  as  follows : 

1.  To  the  New  York  fire  department  relief  fund,  forty-five 
per  centum. 

2.  To  the  treasurer  of  the  Firemen's  Association  of  the 
State  of  New  York,  who  shall  pay  over  the  same  to  the  treas- 
urer of  the  Volunteer  Firemen's  Home  at  Hudson,  New  Y^ork, 
ten  per  centum. 

3.  To  the  treasurer  of  the  widows  and  orphans'  fund  of  the 
late  volunteer  fire  department  of  the  western  district  of  the 
late  city  of  Brooklyn,  twenty  per  centum. 

4.  To  the  treasurer  of  the  widows  and  orphans'  fund  of  the 
late  volunteer  fire  department  of  the  eastern  district  of  the 
late  city  of  Brooklyn,  thirteen  and  one-third  per  centum. 

5.  To  the  treasurer  of  the  widows  and  orphans'  fund  of  the 
late  volunteer  fire  department  of  the  former  town  of  New  Lots, 
three  and  one-third  per  centum. 

6.  To  the  treasurer  of  the  widows  and  orphans'  fund  of  the 
late  volunteer  fire  department  of  the  former  town  of  Flatbush, 
two  and  one-third  per  centum. 

7.  To  the  treasurer  of  the  widows  and  orphans'  fund  of  the 
late  volunteer  fire  department  of  the  former  town  of  Graves- 
end,  two  and  one-third  per  centum. 


CHARTER  OF  NEW  YORK  CITY. 


343 


8.  To  the  treasurer  of  the  widows  and  orphans'  fund  of  the 
late  vohmteer  fire  department  of  the  former  town  of  New 
Utrecht,  two  per  centum. 

9.  To  the  treasurer  of  the  widows  and  orphans'  fund  of  the 
volunteer  fire  department  of  the  former  town  of  Flatlands, 
one  and  two-thirds  per  centum. 

The  fire  commissioner  shall  quarterly  in  each  year  rendei 
to  each  of  the  foregoing  associations  a  sworn  statement  in 
detail  of  the  amounts  collected  and  received  by  him  as  afore- 
said, and  from  whom  and  from  what  source  on  account  of 
said  tax  during  each  quarter.  And  the  custodian  or  trustees 
receiving  moneys  under  the  provisions  of  this  act  in  the  bor- 
ough of  Brooklyn  shall  annually  make  and  render  to  the  fire 
commissioner  in  the  month  of  January  a  sworn  statement  as 
to  the  expenditure  of  said  funds,  and  upon  failure  so  to  do  the 
fire  commissioner  may  withhold  the  said  percentage  and  it 
shall  be  paid  over  to  the  New  York  fire  department  relief  fund, 
and  any  use  of  said  percentage  for  purposes  other  than  pro- 
vided by  law  shall  be  a  misdemeanor  and  be  punishable  as 
such. 

Tax  on  receipts  of  foreign  fire  insurance  companies  doing  business 
in  the  borough  of  Richmond. 

§  810.  There  shall  be  paid  to  the  fire  commissioner  until  the 
seventeenth  day  of  January  in  the  year  nineteen  hundred  and 
seventeen  a  percentage  or  tax  upon  the  receipts  of  foreign 
fire  insurance  companies  doing  business  in  the  borough  of 
Richmond;  and  said  commissioner  shall  cause  the  money  so 
paid  to  him  to  be  paid  out  and  disposed  of  as  follows : 

1.  To  the  New  York  fire  department  relief  fund,  forty-five 
per  centum. 

2.  To  the  treasurer  of  the  Firemen's  Association  of  the 
State  of  New  York,  who  shall  pay  over  the  same  to  the  treas- 
urer of  the  Volunteer  Firemen's  Home  Association  at  Hud- 
son, New  York,  ten  per  centum. 

3.  To  the  treasurers  of  the  exempt  or  veteran  volunteer 
firemen's  associations  existing  in  the  borough  of  Richmond 
at  the  time  this  act  takes  effect,  forty-five  per  centum.  Said 
forty-five  per  centum  shall  be  apportioned  by  said  fire  com- 
missioner among  all  such  associations  in  proportion  to  the 
actual  bona  fide  membership  of  each  such  association  on  the 
first  day  of  January  next  preceding  the  time  when  such  appor- 
tionment is  made.  In  determining  the  membership  of  such 
associations  only  exempt  or  honorably  discharged  volunteer 
■firemen  shall  be  considered  as  members. 


344 


LAWS  OF  NEW  YORK. 


The  fire  commissioner  shall  quarterly  in  each  year  render 
to  each  of  the  foregoing  associations  a  sworn  statement  in 
detail  of  the  amounts  collected  and  received  by  him  as  afore- 
said and  from  whom  and  from  what  source  on  account  of  said 
tax  during  each  quarter. 

Tax  on  receipts  of  foreign  insurance  companies  doing  business  in  the 
borough  of  Queens. 

§8ii.  There  shall  be  paid  to  the  fire  commissioner  until 
the  seventeenth  day  of  January,  nineteen  hundred  and  seven- 
teen, the  percentage  or  tax  upon  the  receipts  of  foreign  fire 
insurance  companies  doing  business  in  the  borough  of  Queens ; 
and  said  commissioner  shall  cause  the  moneys  so  paid  to  him 
to  be  paid  out  and  disposed  of  as  follows: 

1.  To  the  New  York  fire  department  relief  fund,  forty-five 
per  centum. 

2.  To  the  treasurer  of  the  Firemen's  Association  of  the 
State  of  New  York,  who  shall  pay  over  the  same  to  the  treas- 
urer of  the  Volunteer  Firemen's  Home  Association  at  Hudson, 
New  York,  ten  per  centum. 

3.  To  the  treasurers  of  the  exempt  or  veteran  volunteer 
firemen's  associations  existing  in  the  borough  of  Queens  at 
the  time  this  act  takes  effect,  forty-five  per  centum.  Said 
forty-five  per  centum  shall  be  apportioned  by  said  fire  com- 
missioner among  all  such  associations  in  proportion  to  the 
actual  bona  fide  membership  of  each  such  association  on  the 
first  day  of  January  next  preceding  the  time  when  such  appor- 
tionment is  made.  In  determining  the  membership  of  such 
associations  only  exempt  or  honorably  discharged  volunteer 
firemen  shall  be  considered  as  members. 

The  fire  commissioner  shall  quarterly  in  each  year  render 
to  each  of  the  foregoing  associations  a  sworn  statement  in 
detail  of  the  amounts  collected  and  received  by  him  as  afore- 
said and  from  whom  and  from  what  source  on  account  of  said 
tax  during  each  quarter. 

§  812.  There  shall  be  paid  to  the  corporation  known  as 
the  Westchester  Exempt  Firemen's  association  of  The  City 
of  New  York,  by  the  foreign  fire  insurance  companies  and 
their  agents,  doing  business  in  that  part  of  the  twenty-fourth 
ward  of  the  borough  of  The  Bronx,  annexed  to  The  City  of 
New  York  by  chapter  nine  hundred  and  thirty-four  of  the 
laws  of  eighteen  hundred  and  ninety-five,  until  the  seven- 
teenth day  of  January  in  the  year  nineteen  hundred  and 
seventeen,  the  tax  of  two  per  centum  upon  the  receipts  for 


CHARTER  OF  NEW  YORK  CITY. 


S45 


premiums  of  such  foreign  fire  insurance  companies  upon  the 
insurance  business  done  by  them  in  said  part  of  the  twenty- 
fourth  ward  of  the  borough  of  The  Bronx,  and  said  West- 
chester Exempt  Firemen's  association  of  The  City  of  New 
York  shall  cause  the  moneys  so  paid  to  it,  to  be  paid  over 
and  disposed  of  as  follows: 

1.  To  the  fire  commissioner,  for  the  New  York  fire  de- 
partment relief  fund,  forty-five  per  centum. 

2.  To  the  Firemen's  association  of  the  state  of  New  York, 
for  the  Volunteer  Firemen's  home  at  Hudson,  New  York, 
ten  per  centum. 

3.  The  remaining  forty-five  per  centum  of  said  moneys 
shall  be  retained  by  the  said  Westchester  Exempt  Firemen's 
association  of  The  City  of  New  York,  to  its  own  use. 

The  said  Westchester  Exempt  Firemen's  association  of 
The  City  of  New  York  shall  quarterly  in  each  year  render  to 
the  fire  commissioner  and  to  the  Firemen's  association  of  the 
state  of  New  York,  a  sworn  statement  in  detail  of  the  moneys 
so  collected  and  paid  over  by  said  corporation  as  aforesaid, 
and  from  whom  and  from  what  source,  on  account  of  said 
tax  during  the  preceding  quarter. 

CHAPTER  XVI. 

Docks,  Piers,  Harbor,  Port  and  Waters. 

Title  I.  Department  of  docks  and  ferries. 
Title  2.  Piers,  slips  and  wharfage. 
Title  3.  General  provisions. 

TITLE  I. 

Department  of  Docks  and  Ferries. 

Commissioner  of  docks,  appointment  and  salary. 

§  816.  The  head  of  the  department  of  docks  and  ferries 
shall  be  called  the  commissioner  of  docks.  He  shall  be  a 
resident  of  The  City  of  New  York,  and  shall  be  appointed  by 
the  mayor.  The  salary  of  the  said  commissioner  shall  be  six 
thousand  dollars  a  year. 

§  81 6a.  No  contracts,  agreements,  deeds,  conveyances, 
leases  or  other  instruments  shall  be  made  or  executed  by  the 
commissioner  of  docks,  and  no  rules,  regulations  or  ordi- 
nances shall  be  made  by  said  commissioner,  unless  the  same 
shall  have  been  first  approved  by  resolution  in  writing  passed 


346 


LAWS  OF  NEW  YORK. 


by  the  board  of  estimate  and  apportionment.  This  pro- 
vision shall  not  apply  to  contracts  for  repairs  under  the  sum 
of  one  thousand  dollars  provided  for  in  section  eight  hundred 
and  twenty-one  of  this  act. 

Extension  of  jurisdiction  to  new  territory, 

§  817.  All  the  powers  and  duties  heretofore  vested  In  and 
devolved  upon  the  de])artment  of  docks,  of  the  mayor,  alder- 
men and  commonalty  of  the  city  of  New  York,  are  devolved 
upon  and  vested  in  the  department  of  docks  and  ferries  hereby 
created,  and  in  addition  thereto  the  powers  and  duties  of  said 
department  are  hereby  extended  so  as  to  include  all 
the  water  front,  wharf  property,  lands  under  water, 
wharves,  piers,  bulkheads  and  structures  thereon  situ- 
ate, within  the  county  of  Kings;  the  county  of  Rich- 
mond and  the  county  of  Queens;  and  the  said  commis- 
sioner of  docks  shall  have  the  same  powers,  subject  to  the 
approval  of  the  commissioners  of  the  sinking  fund, 
to  adopt  and  execute  a  plan  or  plans  for  the  water  front  of 
The  City  of  New  York,  as  constituted  by  this  act,  and  to  fix 
and  establish  the  hne  of  solid  filling,  bulkheads  and  pier-head 
lines,  the  distances  between  piers,  methods  and  character  of 
construction  of  wharves  and  piers  within  the  entire  territory 
of  The  City  of  New  York,  as  constituted  by  this  act,  that  the 
said  department  of  docks  possessed  at  the  time  this  act  takes 
effect  wdthin  the  territory  of  The  City  of  New  York,  as  here- 
tofore known  and  bounded. 

Jurisdiction,  powers  and  duties. 

§  818.  The  commissioner  of  docks  shall  have  exclusive 
charge  and  control, subject  in  the  particulars  hereinafter  men- 
tioned to  the  commissioners  of  the  sinking  fund,  of  the  wharf 
property  belonging  to  the  corporation  of  The  City  of  New 
York,  as  constituted  by  this  act,  including  all  the  wharves, 
piers,  bulkheads  and  structures  thereon,  and  waters  adjacent 
thereto,  and  all  the  shps,  basins,  docks,  waterfronts,  land 
under  water  and  structures  thereon  and  the  appurtenances, 
easements,  uses,  reversions  and  rights  belonging  thereto 
which  are  now  owned  or  possessed  by  the  said  corporation^ 
or  to  which  said  corporation  is,  or  may  become  entitled,  or 
which  said  corporation  may  acquire  under  the  provisions 
hereof,  or  otherwise;  and  said  commissioner  shall  have  ex- 
clusive charge  and  control  of  the  repairing,  building,  rebuild- 
ing, maintaining,  altering,  strengthening,  leasing  and  pro- 


CHARTER  OF  NEW  YORK  CITY. 


tecting  said  property,  and  every  part  thereof,  and  of  all  the 
cleaning,  dredging  and  deepening  necessary  in  and  about 
the  same.  Said  commissioner  is  also  hereby  invested, 
except  as  otherwise  expressly  stated  in  this  act,  with  the  ex- 
clusive government  and  regulation  of  all  wharf  property, 
wharves,  piers,  bulkheads  and  structures  thereon,  and  waters 
adjacent  thereto,  and  all  the  basins,  slips  and  docks, 
with  the  land  under  water  in  said  city  not  owned  by 
said  corporation.  The  commissioner  of  docks  shall 
not  have  power  to  change  the  exterior  line  of  piers 
and  bulkheads,  established  by  law.  The  commissioner 
of  docks  shall  also  have  exclusive  charge  and  con- 
trol, subject  in  the  particulars  hereinafter  mentioned  to 
the  commissioners  of  the  sinking  fund,  of  all  ferries  and  ferry 
property  belonging  to  the  corporation  of  The  City  of  New 
York,  as  hereby  constituted.  The  said  commissioner  is 
hereby  empowered,  when  the  approval  of  the  commissioners 
of  the  sinking  fund  shall  have  been  obtained,  to  establish, 
from  time  to  time,  new  ferries,  the  franchises  of  which  mxay 
be  leased  in  the  manner  now  provided  by  law. 

Plans  for  water  fronts, 

§  819.  The  plan  or  plans  for  the  whole  or  any  part  of 
the  water  front  of  The  City  of  New  York,  as  constituted  by  this 
act,  including  the  water  front  on  the  westerly  side  of  the  Har- 
lem river  from  the  easterly  line  of  the  Third  avenue  where 
said  line  strikes  said  river  along  the  water  front  from  said  line 
to  the  northerly  side  of  Eighty-sixth  street  on  the  East  river 
determined  upon  by  the  department  of  docks,  of  The  City  of 
New  York,  as  heretofore  known  and  bounded,  adopted  and 
certified  to  by  the  commissioners  of  the  sinking  fund,  and  filed 
in  the  office  of  said  department  of  docks,  in  accordance  with 
the  provisions  of  the  third  subdivision  of  section  ninety-nine 
of  chapter  one  hundred  and  thirty-seven  of  the  laws  of  eighteen 
hundred  and  seventy  as  amended  by  section  six  of  chapter  five 
hundred  and  seventy- four  of  the  laws  of  eighteen  hundred 
and  seventy-one  and  such  plan  or  plans  as  may  be  determined 
upon  pursuant  to  section  eight  hundred  and  seventeen 
of  this  act,  adopted  and  certified  to  by  the  com- 
missioners of  the  sinking  fund  and  filed,  or  that 
may  be  filed  in  the  office  of  said  commissioner  of 
docks  shall  be  and  continue  to  be  the  sole  plan  or 
plans,  according  to  which  any  wharf,  pier,  bulkhead,  basin, 
dock,  slip  or  any  wharf  structure  or  superstructure  shall 


348 


LAWS  OF  NEW  YOKK. 


be  laid  out  or  constructed  within  the  territory  or  dis- 
trict embraced,  or  that  may  hereafter  be  embraced  in 
and  specified  upon  said  plan  or  plans,  and  shall  be  the 
sole  plan  or  plans  and  authority  for  soHd  fiUing  in  the 
waters  surrounding  The  City  of  New  York,  and  on  said  Har- 
lem river,  and  for  extending  piers  into  said  waters  and  erecting 
bulkheads  around  said  city,  and  on  the  westerly  side  of  the 
Harlem  river,  and  all  other  provisions  of  law  regulating  solid 
filling  and  pier  and  bulkhead  lines  in  said  waters,  are  to  be 
deemed  to  be  repealed  whenever  said  plan  or  plans  is  or  are 
inconsistent  with  such  provisions  of  law  and  all  laws  giv- 
ing any  power  or  authority  as  to  said  water  front  in 
the  territory  embraced  in  this  section,  to  any  other  depart- 
ment of  The  City  of  New  York,  as  heretofore  known 
and  bounded,  or  to  any  department  of  any  municipal  or 
public  corporation  w^hich,  or  part  of  which,  is  consolidated  by 
this  act  with  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  are  hereby  repealed.  No  wharf,  pier,  bulk- 
head, basin,  dock,  slip,  exterior  street  or  any  wharf,  structure 
or  superstructure  shall  be  laid  out,  built  or  rebuilt,  wathin  such 
territory  or  district  except  in  accordance  with  such  plan  or 
plans,  provided  that  said  commissioner  of  docks,  with 
the  consent  and  approval  of  the  commissioners  of  the 
sinking  fund,  may,  from  time  to  time,  change  the  width  or 
location  of  the  piers  laid  down  on  said  plan  or  plans;  and 
provided,  also,  that  said  commissioner  of  docks  may 
build,  or  rebuild,  or  license,  or  permit  the  building  or  rebuild- 
ing, of  temporary  wharf  structures,  and  said  commissioner 
may  lease  land  covered  with  water  belonging  to  The 
City  of  New  York  for  the  purpose  thereof,  such  lease,  or 
permit  to  continue  and  remain  at  the  will  and  pleasure  of 
said  commissioner,  or  for  a  time  not  longer  than  until 
the  wharves,  piers,  bulkheads,  basins,  docks,  or  slips  to  be 
built  or  constructed  according  to  such  plan  or  plans,  shall 
in  the  judgment  of  said  commissioner,  require  and 
need  to  be  built  or  constructed;  and  provided,  fur- 
ther, that  the  commissioner  of  docks  with  the  con- 
sent and  approval  of  the  commissioners  of  the  sinking  fund 
may  alter  and  extend  the  present  pier  head  line,  as  now  estab- 
lished on  the  Hudson  river,  between  Battery  place  and 
Seventieth  street,  and  establish  a  new  pier  head  line 
between  these  points,  and  may  authorize  the  construction  of 
new  piers  out  to  said  pier  head  line,  and  may  extend  those 
piers  already  built  out  to  said  line;  and  may  build  new  piers 


CHARTER  OF  NEW  YORK  CITY.  349 


or  extend  piers  already  built,  out  to  such  pier  head  lines 
as  are  now  or  may  hereafter  be  established  by  the  secretary 
of  war  under  act  of  congress.  The  commissioner  of 
docks  is  hereby  authorized  and  empowered,  with  the  consent 
and  approval  of  the  commissioners  of  the  sinking  fund,  to  alter 
and  amend  the  plans  of  the  improvement  of  the  water  front 
determined  upon  by  the  department  of  docks,  and  approved 
by  the  commissioners  of  the  sinking  fund  of  the  city  and 
county  of  New  York,  in  eighteen  hundred  and  seventy- 
one,  between  the  Battery  and  Grand  street  on  the  East 
river  and  between  the  Battery  and  West  Sixty-second 
street  on  the  North  river.  Whenever  the  plan  so  deter- 
mined upon  and  adopted,  or  hereafter  to  be  determined 
upon  and  adopted,  shall  include  the  widening  of  an  exterior 
street  or  avenue,  or  the  opening  and  construction  of  a  new 
exterior  street  or  exterior  avenue,  or  the  abandonment  or  clos- 
ing of  such  street  or  avenue  already  in  existence,  the  power  to 
widen,  open,  construct,  abandon  or  close  the  same  shall  exclu- 
sively reside  with  the  said  commissioner  of  docks, 
who  is  hereby  authorized  to  take  such  steps  as  may 
be  necessary  in  that  regard,  and  after  the  same  shall 
have  been  so  widened  or  opened,  the  right  to  maintain 
the  widened  portion  of  a  street  or  avenue  already  opened, 
and  such  new  street  or  avenue  shall  also  reside  with 
the  said  commissioner  of  docks;  but  the  street  or 
avenue  so  widened  to  the  extent  of  the  part  so  widened, 
or  such  new  street  or  avenue  opened  under  this  plan  shall 
not  be  a  public  street,  but  shall  be  a  marginal  wharf,  and  shall 
be  used  in  that  regard  in  such  manner  from  time  to  time 
as  the  commissioner  of  docks  shall,  by  resolution, 
determine.  The  commissioner  of  docks  shall  have  ex- 
clusive power  to  regulate  the  use  of  marginal  streets  so 
that  the  land  and  buildings  upon  all  such  marginal  streets 
may  be  used  to  the  best  advantage  in  connection  with  the 
wharves  and  bulkheads;  and  the  commissioner  of  docks 
shall  have  the  power  to  regulate,  by  license  or  by  any 
other  suitable  means,  the  transfer  of  goods  and  merchandise 
upon,  over  or  under  all  such  marginal  streets;  except  that  the 
said  commissioner  of  docks  shall  not,  under  this  sec- 
tion, have  any  power  in  respect  to,  or  jurisdiction  over,  the 
public  driveway  authorized  by  and  constructed  under  chapter 
one  hundred  and  two  of  the  laws  of  eighteen  hundred  and 
ninety-three  and  acts  amendatory  thereof. 


350 


LAWS  OF  NEW  YORK. 


Surveys  of  water  front. 

§  820.  The  commissioner  of  docks  is  authorized  to  cause 
to  be  made  the  necessary  surveys,  soundings  and  other 
examinations  of  the  water  front  of  The  City  of  New  York,  as 
constituted  by  this  act,  where  the  same  has  not  already  been 
determined,  and  to  ascertain  the  capacities  and  requirements 
of  said  water  front  for  adaptation  to  commercial  and  other 
uses. 

Construction  of  piers  and  docks  regulated. 

§  821.  In  executing  the  plan  or  plans  mentioned  in  section 
eight  hundred  and  nineteen  of  this  act,  the  commissioner  of 
docks  shall  proceed,  according  to  said  plan  or  plans,  to  lay 
out,  establish,  and  construct  wharves,  piers,  bulkheads, 
basins,  docks,  or  slips  in  the  territory  or  district  embraced  in 
such  plan  or  plans,  and  in  and  upon  or  about  the  property 
owned  by  The  City  of  New  York,  without  interfering  with 
the  property  or  rights  of  any  other  person  except  so  far  as 
may  be  necessary  to  insure  the  safety  and  stability  of  the 
wharves,  piers,  bulkheads,  basins  or  slips  so  to  be  constructed. 
And  said  commissioner  may  commence  and  carry  on 
such  construction  in  sections  of  said  territory  or  dis- 
trict from  time  to  time,  so  as  not  to  seriously  incom- 
motle  the  commerce  of  said  city.  The  said  commissioner  of 
docks  shall  prepare  full  and  minute  specifications  for  such 
work,  and  advertise  for  proposals  for  doing  said  work  under 
said  plan  or  plans,  and  according  to  such  specifications;  pro- 
posals therefor  shall  be  signed  by  the  bidders  for  the  said 
work  and  be  sent  to  the  said  commissioner  within  the  tin^e 
specified  in  such  advertisement,  accompanied  by  a  bond  in 
the  form  set  forth  in  said  specifications,  duly  executed. 
The  said  commissioner  of  docks  shall  open  said  proposals 
on  a  day  to  be  specified  in  such  advertisement,  and  shall 
examine  them,  and  unless  the  said  commissioner  shall 
deem  it  for  the  interest  of  the  city  to  reject  all  bids, 
shall  award  the  contract  for  said  work  to  the  lowest  responsi- 
ble bidder  complying  with  such  plan  or  plans  and  specifica- 
tions; such  contract  shall  be  executed  by  the  said  commis- 
sioner of  docks  on  behalf  of  The  City  of  New  York, 
and  shall  always  contain  provisions  as  to  the  time 
of  commencing  and  completing  said  work,  and  for  the 
retention  of  at  least  one-fourth  of  its  contract  price,  until 
the  completion  of  said  work,  as  security  for  its  perform- 
ance, and  for  the  forfeiture  of  said  contract  for  non- 


CHARTER  OF  NEW  YORK  CITY. 


351 


performance  of  the  terms  thereof.  Said  commissioner  of 
docks  may,  upon  the  forfeiture  of  any  such  contract,  proceed 
to  complete  the  work  thereunder  without  contract  or  may 
readvertise  for  proposals  to  complete  said  work  and  award  a 
new  contract  therefor  in  the  same  manner  as  provided  herein 
for  awarding  the  original  contract;  but  no  bidder  under  this 
section  shall  be  entitled  to  a  contract  until  his  bid  be 
approved  and  accepted  by  said  commissioner  of  docks,  pro- 
vided, however,  that  repairs  not  to  exceed  one  thousand  dol- 
lars in  amount  on  any  one  dock,  pier  or  bulkhead,  may  be 
done  by  day's  work,  and  without  contract,  whenever  in  the 
judgment  of  the  commissioner  of  docks  it  is  expedient  so  to 
do,  and  the  consent  of  the  board  of  estimate  and  apportion- 
ment shall  have  been  first  obtained. 

Purchase  of  wharf  property  for  corporation;  proceedings  to  acquire. 

§  822.  The  commissioner  of  docks,  with  the  approval 
of  the  commissioners  of  the  sinking  fund,  is  author- 
ized to  acquire  in  the  name  and  for  the  benefit  of  the 
corporation  of  The  City  of  New  York  any  and  all  wharf 
property  in  The  City  of  New  York,  as  constituted 
by  this  act,  to  which  the  corporation  of  The  City  of  New 
York  then  has  no  right  or  title,  and  any  rights,  terms,  ease- 
ments and  privileges  pertaining  to  any  wharf  property  in 
The  City  of  New  York,  and  not  owned  by  said  corporation; 
and  said  commissioner  of  docks  may  acquire  the  same  either 
by  purchase  or  by  process  of  law,  as  herein  provided.  Said 
commissioner  of  docks  may  agree  with  the  owners  of  any  such 
property,  rights,  terms,  easements,  or  privileges,  upon  a  pr'ce 
for  the  same,  and  shall  certify  such  agreement  to  the  com- 
missioners of  the  sinking  fund,  and  if  the  said  commis- 
sioner approve  of  such  agreement,  said  commissioner 
of  docks  shall  take  from  such  owners,  at  such  price, 
the  necessary  conveyances  and  covenants  for  vesting 
said  property,  rights,  terms,  easements  or  privileges  in,  and 
assuring  the  same  to  The  City  of  New  York  forever,  and 
said  owner  shall  be  paid  such  price  from  the  city  treasury 
as  provided  in  this  act.  If  the  said  commissioner 
of  docks  shall  deem  it  proper  and  expedient  that  the  said 
corporation  should  acquire  possession  of  such  wharf  prop- 
erty, rights,  terms,  easements  or  privilejc^es,  for  which  no  price 
can  be  agreed  upon  between  said  commissioner  and 
the  owner  or  owners  thereof,  the  said  commissioner 
of  docks  may  direct  the  corporation  counsel  of  said  city  to 


352 


LAWS  OF  NEW  YORK. 


take  legal  proceedings  to  acquire  the  same  for  the  city,  and 
the  said  corporation  counsel  shall  take  the  same  proceedings 
to  acquire  the  same  as  are  by  law  provided  for  the 
taking  of  private  property  in  said  city  for  public 
streets  or  places,  and  the  provisions  of  law  relating 
to  the  taking  of  private  property  for  public  streets  or  places  in 
said  city  are  hereby  made  applicable,  as  far  as  may  be 
necessary,  to  the  acquiring  of  the  said  property,  rights, 
terms,  easements  and  privileges,  and  the  said  commis- 
sioner of  docks  is  also  empowered  to  acquire  in  like  manner 
the  title  to  such  lands  under  water  and  uplands,  within  The 
City  of  New  York,  as  constituted  by  this  act,  as  shall 
seem  to-  said  commissioner  of  docks  necessary  to 
be  taken  for  the  improvement  of  the  water  front. 
And  for  the  purpose  of  attempting  to  agree  upon 
a  price  with  the  owners  of  such  wharf  property, 
rights,  terms,  easements,  or  privileges,  it  shall  be 
sufficient  for  the  said  commissioner  of  docks  to  serve 
upon  the  said  owners  of  said  wharf  property,  rights,  terms, 
easements  or  privileges  a  written  offer  signed  by  said  com- 
missioner of  docks  offering  a  price  for  the  said  wharf  prop- 
erty, rights,  terms,  easements  or  privileges,  with  notice  of 
the  passage  of  a  resolution  of  approval  of  the  application  by 
the  commissioners  of  the  sinking  fund,  by  personal  or  sub- 
stituted service  in  the  same  manner,  so  far  as  the  same  can 
be  made  applicable  thereto,  as  is  provided  for  personal  or 
substituted  service  of  a  summons  in  an  action  by  chapter  five 
of  the  code  of  civil  procedure,  unless  the  supreme  court,  upon 
application  of  said  commissioner  of  docks,  shall  direct  some 
other  and  different  mode  of  service.  The  just  compensa- 
tion to  which  the  owner  of  property  taken  under  the 
foregoing  provisions  is  entitled  shall  be  ascertained  and 
determined  upon  the  following  principles.  If  all  of  the  prop- 
erty of  such  owner  is  taken,  the  compensation  awarded  shall 
be  the  fair  and  just  value  of  the  said  property.  If  tlie  prop- 
erty of  the  riparian  proprietor  has  been  built  upon  or  improved, 
and  if  such  buildings  or  improvements  are  upon  a  single  tract 
contiguous  to  or  adjoining  lands  under  water,  or  which  were 
originally  under  water,  and  used  in  connection  therewith,  and 
part  only  of  such  property  is  proposed  to  be  taken,  the  fair 
and  just  value  of  the  entire  premises  shall  first  be  ascertained, 
and  then  ther^  shall  be  ascertained  the  like  value  of  the  prem- 
ises in  the  condition  in  which  they  will  be  after  the  part  is 
taken,  and  the  difference  in  value,  be  it  more  or  less  than  the 


CHARTER  OF  NEW  YORK  CITY. 


353 


separate  value  of  the  part  taken,  shall  constitute  the  measure 
of  compensation.  Provided  that  said  commissioner  of  docks, 
with  the  approval  of  the  commissioners  of  the  sinking  fund, 
hereby  is  empowered  to  agree,  Hcense  and  permit  private 
owners  of  any  bulkheads,  piers  or  water  rights,  to  make  the 
necessary  improvements  upon  their  bulkheads,  piers  or  water 
rights,  so  as  to  conform  to  the  plan  already  adopted  by  the 
department  of  docks,  and  approved  by  the  commissioners  of 
the  sinking  fund  of  The  City  of  New  York,  as  heretofore 
known  and  bounded,  or  to  be  hereafter  adopted  and  ap- 
proved, pursuant  to  this  chapter,  during  the  period  which 
shall  intervene  prior  to  the  extinguishment  of  such  private 
ownerships  by  The  City  of  New  York,  such  improvements 
to  be  made  by  such  owners  under  the  supervision  of  or  by  the 
commissioner  of  docks,  as  may  be  agreed  upon,  at  the  cost 
and  expense  of  such  private  owners,  in  the  first  instance,  and 
upon  such  reasonable  terms  as  to  reimbursing  said  private 
owners  for  such  improvements,  and  as  to  wharfage  and 
other  riparian  rights  thereon  and  therefrom,  as  may  be  agreed 
upon.  All  agreements,  and  licenses  or  permits  heretofore 
made  or  entered  into  between  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York  and  any  private  owners, 
as  to  the  making  of  like  improvements  upon  their  property, 
are  hereby  ratified,  confirmed  and  made  valid. 

Acquirement  of  certain  wharf  property  on  North  and  East  rivers. 

§  823.  In  all  proceedings  taken  prior  to  the  first  day  of 
April,  nineteen  hundred  and  one,  by  the  board  of  docks 
of  The  City  of  New  York  for  the  acquirement  of  wharf 
property,  rights,  terms,  easements,  or  privileges,  or  lands 
under  water  and  uplands  in  The  City  of  New  York,  if  said 
wharf  property  or  lands  under  water,  or  wharf  property  to 
which  said  rights,  terms,  easements,  or  privileges  are  ap- 
purtenant, is  or  are,  situated  between  the  southerly  side  of 
Bethune  street  and  "the  northerly  side  of  Gansevoort  street, 
upon  or  adjacent  to  the  North  river  in  The  City  of  New 
York,  or  between  the  southerly  side  of  East  Eighteenth 
street  and  the  southerly  side  of  East  Twenty-first  street, 
upon  or  adjacent  to  the  East  river,  it  shall  not  be  necessary 
for  the  said  board  of  docks  to  make  any  attempt  to 
agree  with  the  owners  of  any  such  property,  rights, 
terms,  easements,  privileges,  uplands  or  lands  under  Water, 
upon  a  price  for  the  same,  before  commencing  the  pro- 
ceedings authorized  by  section  eight  hundred  and  twenty-two 


a54 


LAWS  OF  NEW  YORK 


of  this  act.  In  a  proceeding  brought  for  the  acquirement  of 
any  such  wharf  property,  rights,  terms,  easements,  or  privi- 
leges, or  uplands,  or  lands  under  water  situate,  as  in  this  sec- 
tion set  forth,  the  title  to  the  said  wharf  property,  uplands  and 
lands  under  water,  rights,  terms,  easements,  and  privileges 
shall  vest  in  The  City  of  New  York  four  months  after  the 
filing  in  the  office  of  the  clerk  of  the  supreme  court,  in  the  first 
judicial  district,  of  the  oaths  of  the  commissioners  of  estimate 
and  assessment  in  said  proceeding  appointed,  and  all  of  the 
rights,  title  and  interest  of  any  and  all  of  the  owners  or  persons 
interested  in  the  said  wharf  property,  rights,  terms,  easements, 
and  privileges  or  lands  under  water,  or  uplands,  shall  cease 
and  determine  and  be  extinguished  at  such  time.  All  the 
awards  made  in  such  proceeding  for  the  value  of  property  ac- 
quired or  interests  extinguished,  shall  draw  interest  from  the 
time  of  the  vesting  of  the  title  in  The  City  of  New  York. 

Acquirement  of  wharf  property  in  which  city  has  some  interest. 

§  824.  In  all  proceedings  by  the  commissioner  of 
docks  of  The  City  of  New  York,  for  the  acquirement  of  the 
interests  of  any  person  or  corporation  who  is  an  owner 
in  common  or  a  joint-tenant  with  The  City  of  New  York, 
of  any  wharf  property,  rights,  terms,  easements,  or  priv- 
ileges, or  lands  under  water  and  uplands,  it  shall  not  be 
necessary  for  the  said  commissioner  of  docks  to  make 
any  attempt  to  agree  with  said  person  or  corpora- 
tion who  is  a  tenant  in  common  or  joint-tenant  as  aforesaid 
with  The  City  of  New  York,  upon  a  price  for  the  same,  before 
commencing  the  proceedings  authorized  by  section  eight  hun- 
dred and  twenty-two  of  this  act.  In  a  proceeding  brought 
for  the  acquirement  of  any  such  right,  title,  or  interest  in  or 
to  any  such  wharf  property,  rights,  terms,  easements,  or  privi- 
leges, or  uplands,  or  lands  under  water,  owned  as  in  this  sec- 
tion set  forth,  the  title  of  the  person  or  corporation  who,  or 
which  is  the  tenant  in  common  or  joint-tenant  with  The  City 
of  New  York  to  the  said  wharf  property,  uplands  and  lands 
under  water,  rights,  terms,  easements,  and  privileges,  shall 
vest  in  The  City  of  New  York  four  months  after  the  filing  in 
the  office  of  the  clerk  of  the  supreme  court,  in  the  first  judicial 
district,  of  the  oaths  of  the  commissioners  of  estimate  and 
assessment  in  said  proceeding  appointed,  and  all  of  the  rights, 
title,  and  interest  of,  in  and  to  the  said  owners,  persons  or 
corporations  interested  in  said  wharf  property,  rights,  terms, 
easements,  privileges,  or  lands  under  water  or  uplands,  shall 


CHARTER  OF  NEW  YORK  CITY.  355 


cease,  determine  and  be  extinguished  at  such  time.  All  the 
awards  made  in  such  proceeding  for  the  value  of  property 
acquired  or  interest  extinguished  shall  draw  interest  from  the 
time  of  vesting  of  the  title  in  The  City  of  New  York. 

Wharfage  and  dockage  charges;  leasing  property;  oyster  business; 
designation  of  water  front  for. 
§  825.  When  any  of  the  wharves,  piers,  bulkheads,  slips, 
docks,  and  basins  constructed  under  the  provisions  of  this 
chapter  shall  be  open  to  the  public  use,  the  com- 
missioner of  docks  shall,  subject  to  the  provisions  of  law, 
regulate  the  charges  for  wharfage,  cranage  and  dockage  of 
all  vessels  admitted  thereto,  and  may  alter  such  charges  from 
time  to  time  as  the  public  trade  may  authorize  and  the  said 
commissioner  of  docks  deem  proper;  provided  that 
the  rates  of  wharfage  on  boats  navigating  the  canals  of  the 
state  shall  not  be  increased  beyond  the  rates  in  force  on  April 
eighteenth,  eighteen  hundred  and  seventy-one,  except  as 
hereinafter  specifically  provided,  and  no  restriction  of  the 
amount  of  wharf  and  slip  room  occupied  by  them  shall  be 
made;  and  said  commissioner  of  docks  may  appro- 
priate any  of  such  wharves,  as  the  owners  thereof  may  apply 
to  have  so  designated  or  appropriated  to  the  sole  use  of 
special  kinds  of  commerce,  or  of  steamboats,  or  of  any 
other  class  or  description  of  ships  or  vessels,  and  may 
restrain  and  prohibit  any  ship,  steamboat,  or  any  other 
vessel  or  water  craft  whatever  from  coming  into,  or  ly- 
ing, mooring,  or  anchoring  at  or  within  any  such  wharf,  pier 
or  slip  of  said  The  City  of  New  York,  except  such  as  may  be 
so  designated  for  their  use  respectively.  Said  com- 
missioner of  docks  may,  in  the  name  and  for  the  benefit  of 
the  corporation  of  The  City  of  New  York  lease  any  or  all  of 
such  property,  and  any  and  all  wharf  property  belonging  to 
The  City  of  New  York,  as  constituted  by  this  act,  for  a  term 
not  exceeding  ten  years,  and  covenant  for  renewal  or  renewals 
at  advanced  rents  of  such  leases  for  terms  of  ten  years  each, 
but  not^  exceeding  in  the  aggregate  fifty  years.  The 
commissioner  of  docks  may  set  aside,  designate  and  appropri- 
ate a  suitable  location  on  the  water  front  in  The  City  of  New 
York,  for  the  sole  use  of  the  oyster  business.  Such  designa- 
tion or  appropriation  shall  be  subject  at  any  time  to  revoca- 
^"on  by  said  commissioner. 


356 


LAWS  OF  NEW  YORK. 


Ferries;  establishment  and  leasing  of. 

§  826.  The  commissioner  of  docks  shall  have  power 
and  is  authorized  to  lease  in  the  name  of  and  for  the  benefit  of 
The  City  of  New  York  in  the  manner  provided  by  law,  the 
.  franchise  of  any  ferry  or  ferries  belonging  to  said  city  for  the 
highest  marketable  price  or  rental,  at  public  auction  or  by 
sealed  bids,  and  always  after  public  advertisement  and 
appraisal  under  the  direction  of  said  commissioner, 
but  not  for  a  term  longer  than  twenty-five  years,  nor 
for  a  renewal  for  a  longer  term  than  ten  years.  And 
said  commissioner  shall  also  possess  the  power  and 
is  hereby  authorized  to  lease,  in  like  manner  along  with 
the  franchise  of  a  ferry  or  ferries  belonging  to  said  city, 
such  wharf  property,  including  wharves,  piers,  bulkheads 
and  structures  thereon  and  slips,  docks  and  water  fronts  adja- 
cent thereto,  used  or  required  for  the  purposes  of  such  ferry 
or  ferries,  now  owned  or  possessed,  or  which  may  hereafter 
be  owned  or  acquired  by  said  city  or  to  which  the  said  city  is 
or  may  become  entitled,  or  of  which  it  may  become  possessed. 
But  said  commissioner  shall  make  no  lease  authorized 
by  this  section,  unless  the  terms  of  said  lease  are  approved  by 
the  commissioners  of  the  sinking  fund.  The  proceeds  of  said 
leasing  shall  on  receipt  thereof  after  paying  all  necessary 
charges  be  immediately  paid  to  the  credit  of  the  sinking  fund. 
But  nothing  in  this  section  contained  shall  be  held  to  apply 
to  that  portion  of  the  East  river  which  is,  by  law,  exclusively 
set  apart  for  the  use  of  canal  boats  engaged  in  the  transpor- 
tation of  freights  in  the  Hudson  river  coming  to  tidewater 
from  the  canals  of  this  state.  Leases  of  such  franchises  may 
in  the  discretion  of  the  commissioner  of  docks  and  the  com- 
missioners of  the  sinking  fund  provide  for  the  character  of 
transportation  service  to  be  furnished  by  the  lessee,  including 
the  character  and  speed  of  the  boats  to  be  used,  frequency  of 
trips,  rates  of  fare  and  commutation  and  freight  charges,  and 
may  provide  for  forfeiture  of  the  lease  in  the  event  of  failure 
to  comply  with  its  provisions  in  regard  thereto.  Whenever  it 
may  be  determined  by  the  unanimous  vote  of  the  commission- 
ers of  the  sinking  fund,  upon  the  recommendation  of  the 
commissioner  of  docks,  that  the  interests  of  the  city  will  not 
be  best  promoted  by  leasing  the  franchise  of  a  ferry  in  the 
manner  hereinbefore  directed,  it  shall  be  lawful  for  said  com- 
missioner of  docks  and  said  commissioners  of  the  sinking 
fund  by  resolutions  adopted  by  such  unanimous  votes,  to 
lease  such  franchises  by  private  agreement  for  terms  not  ex- 


CHARTER  OF  NEW  YORK  CITY. 


857 


ceeding  twenty-five  years  and  under  such  conditions  as,  in 
their  judgment,  will  best  protect  and  further  the  interests  of 
the  city  and  the  traveling  public. 

Establishment  of  rules  for  government;  penalties. 

§  827.  The  board  of  aldermen  shall,  by  general  ordi- 
nances^ from  time  to  time,  establish  all  needful  rules 
and  regulations  for  the  government  and  proper  care 
of  all  the  property  placed  in  the  charge  of  the  commis- 
sioner of  docks  and  ferries  and  under  his  control  by  the 
provisions  of  this  chapter,  relating  thereto.  The  com- 
missioner of  docks  shall  furnish  a  copy  of  such  rules 
and  regulations  to  all  the  owners  and  occupants  of 
such  property,  shall  enforce  such  rules  and  regula- 
tions, and  shall  make  all  needful  orders  necessary  to  carry  out 
the  provisions  of  this  chapter  relating  thereto  into  effect, 
and  shall  publish  such  orders.  All  rules,  regulations  or  orders 
of  the  commissioner  of  docks  which  shall  be  in  force  in 
The  City  of  New  York  on  the  first  day  of  Janu- 
ary, nineteen  hundred  and  two,  are  hereby  continued 
in  full  force  and  effect  subject  to  repeal  or  modification 
as  in  this  section  provided.  The  violation  of  or  disobedience 
to  any  rule  or  regulation  or  any  order  of  said  commissioner 
of  docks,  shall  be  a  misdemeanor,,  punishable  by  a  fine  not 
exceeding  five  hundred  dollars,  or  by  imprisonment  not  ex- 
ceeding thirty  days,  or  by  both  such  fine  and  imprisonment, 
on  complaint  of  such  commissioner  of  docks.  The  penalties 
aforesaid  may  be  recovered  by  suit  in  the  name  of  The 
City  of  New  York,  and  such  suit  shall  be  prosecuted  by  the 
corporation  counsel  when  directed  by  the  commissioner 
of  docks,  and  no  defendant  in  any  suit  shall  be  per- 
mitted to  plead  ignorance  of  any  such  order,  rule  or  regula- 
tion. All  rents,  fines  and  penalties,  and  all  other  money  col- 
lected by  said  commissioner  or  by  his  direction,  shall  be  paid 
into  the  sinking  fund  for  the  redemption  of  the  city  debt. 

Offices  and  officers;  duties  and  salaries. 

§  828.  The  commissioner  of  docks  shall  have  power  to  fur- 
nish and  supply  offices,  provided  in  accordance  with  law,  for 
the  transaction  of  the  business  of  the  department  of  docks  and 
ferries.  The  commissioner  of  docks  shall  appoint  a  secretary 
and  other  officers,  clerks  and  agents  to  assist  said  commis- 
sioner in  the  performance  of  his  duties  and  the  exercise  of 
his  powers;   and   also   the   necessary   employes   for  the 


358 


LAWS  OP  NEW  YORK 


work  of  construction,  repairs  and  maintenance.  But 
the  annual  expenses  of  said  department  for  rent, 
furniture,  supplies,  and  compensation  of  secretary  and  subordi- 
nate officers,  clerks,  and  agents  shall  not  exceed  in  the  aggre- 
gate the  sum  of  one  hundred  thousand  dollars,  except  with 
the  consent  of  the  commissioners  of  the  sinking  fund. 

Annual  report;  contents. 

§  829.  The  commissioner  of  docks  shall  annually 
present  to  the  mayor  of  the  city  a  report  containing:  First. 
The  name,  occupation,  and  compensation  of  all  officers,  clerks 
and  agents  appointed  and  employed  by  said  depart- 
ment. Second.  A  statement  of  the  actions  of  the  depart- 
ment of  docks  for  the  past  year,  classified  with  refer- 
ence to  the  various  subjects  and  duties  which  have  engaged 
his  attention.  Third.  A  list  of  the  orders  and  rules  made  by 
said  commissioner  of  docks,  and  a  description  of  the  contracts 
made  by  said  commissioner,  the  payments  made  by  said  com- 
missioner and  the  purposes  and  amounts  thereof,  and  the 
leases  made  by  said  commissioner,  for  what  term,  at  what 
rent,  to  whom,  and  for  what  property.  Said  commissioner  of 
docks  shall  at  the  time  he  presents  his  said  annual  report 
to  the  mayor  also  file  with  the  civil  service  supervisory  and 
examining  boards  of  The  City  of  New  York  a  complete  state- 
ment of  the  name,  address  and  salary  or  compensation  of  all 
persons  employed  in  any  capacity  by  said  department  of 
docks,  which  shall  be  published  in  the  City  Record. 

Seal. 

§  830.  The  commissioner  of  docks  may  adopt  a  common 
seal  for  said  department  of  docks  and  ferries,  and  direct  its 
use.  Said  seal  shall  be  a  device  of  the  arms  of  The  City  of 
New  York  surrounded  by  the  words,  "  Department  of  Docks 
and  Ferries.  The  City  of  New  York,"  engraved  upon  a 
metal  disk  two  and  one-quarter  inches  in  diameter,  and  the 
same  may  be  renewed  whenever  necessary.  An  impression 
of  such  seal  made  directly  on  paper  shall  be  as  valid  as  if  made 
on  a  wafer  or  on  wax.  Every  lease,  contract  or  other  instru- 
ment, executed  in  pursuance  of  any  authority  conferred  on 
said  commissioner  of  docks  by  law,  and  sealed  with 
such  seal,  attested  and  proved  according  to  law  by  the  secre- 
tary appointed  by  said  commissioner  shall  be  received 
in  evidence,  and  may  be  recorded  in  the  proper  record- 
ing offices  in  the  same  manner  and  with  the  like  efifect  as  if 


CHARTER  OF  NEW  YORK  CITY.  359 


sealed  with  the  seal  of  the  corporation  of  The  City  of  New 
Yorkj  attested  and  proved  by  the  clerk  thereof. 

Lands  under  water  owned  by  state. 

§831.  The  commissioners  of  the  land  office  are  hereby 
authorized  to  convey  by  proper  instruments,  in  writing,  neces- 
sary for  the  purpose,  all  the  property,  right,  title  and  interest 
of  the  people  of  the  state  of  New  York,  in  and  to  the  land 
under  water,  which  the  commissioner  of  docks  may 
deem  necessary  for  the  construction  of  wharves,  docks,  piers, 
bulkheads,  basins,  and  sHps,  under  this  chapter,  whenever 
said  commissioners  may  be  required  by  said  commis- 
sioner of  docks  to  make  such  conveyance  to  The  City 
of  New  York.  But  such  conveyance  shall  be  made  after 
compliance  with  such  reasonable  rules  and  regulations  as 
the  said  commissioners  of  the  land  office  are  now  empowered 
to  make  by  law;  and  nothing  in  this  chapter  shall  be  so  con- 
strued as  to  remove  or  limit  the  powers  and  duties  of  the 
said  commissioners  as  now  conferred  upon  them  by  the 
statutes  of  the  state  and  as  prescribed  in  other  sections  and 
provisions  of  this  act. 

May  deepen  water  adjoining  wharf,  etc. 

§  832.  It  shall  be  lawful  for  the  commissioner  of 
docks  to  order  and  direct  that  the  water  near  and  adjoining 
any  private  wharf,  pier,  dock,  bulkhead  or  land  within  the 
limits  of  The  City  of  New  York,  be  deepened  by  excavating 
or  removing  the  earth,  mud,  dirt,  or  sand  therefrom,  and  to 
cause  the  same  to  be  done  in  such  places  and  at  such  times  as 
the  said  commissioner  may  deem  necessary  and  proper. 

Property  and  wharf  property  defined. 

§  833.  The  terms  "property"  and  "wharf  property"  when- 
ever used  in  this  chapter,  shall  be  taken  to  mean  not  only  all 
wharves,  pi&rs,  docks,  bulkheads,  slips  and  basins,  but  the  land 
beneath  the  same,  and  all  rights,  privileges  and  easements 
appurtenant  thereto,  and  such  upland  or  made  land  adjacent 
to  the  said  wharves,  piers,  docks,  bulkheads,  slips  and  basins, 
jurisdiction  over  which  said  upland  and  made  land  may  be 
assigned  to  the  department  of  docks  and  ferries  by  the  commis- 
sioners of  the  sinking  fund. 


360 


LAWS  OF  NEW  YORK. 


Sites  for  floating  baths. 

§  834.  The  commissioner  of  docks  shall,  upon  the  requisi- 
tion of  the  respective  borough  presidents,  furnish  free  of 
charge  in  the  vicinity  of  such  locations  as  shall  be  designated 
by  such  presidents  respectively  accessible,  convenient,  and  safe 
berths  for  mooring  the  free  floating  baths,  authorized  by  law. 

Public  markets  and  wharves. 

§  835.  It  shall  be  lawful  for  The  City  of  New  York,  in  case 
it  shall  find  it  necessary,  to  cause  pubHc  markets  to  be  erected, 
and  kept  over  the  waters  of  the  East  and  North  rivers  adjoin- 
ing to  any  of  its  docks  or  wharves;  provided,  that  such  mar- 
kets shall  not  interfere  with  the  flow  of  the  waters  of  the  said 
rivers,  nor  be  built  beyond  the  pier  or  bulkhead  line  established 
by  law. 

Docks  to  be  set  apart  for  street  cleaning  department  and  board  of 
health. 

§  836.  The  commissioner  of  docks  shall  designate  and 
set  apart  for  the  use  of  the  department  of  street  cleaning, 
the  board  of  health,  and  other  city  departments,  suitable  and 
sufficient  wharves,  piers,  bulkheads,  slips  and  berths  in  slips 
for  the  use  of  said  departments. 

Setting  apart  piers  for  recreation. 

§  837.  The  commissioner  of  docks  is  hereby  auth- 
orized to  set  apart  the  following  piers  in  The  City  of  New 
York,  to  wit:  A  pier  at  or  near  the  foot  of  Perry  street,  on 
the  Hudson  river,  and  such  other  piers  along  the  Hudson 
river  water  front  and  the  East  river  water  front  of  the 
said  city,  as  the  said  commissioner  of  docks  shall 
deem,  from  time  to  time,  necessary  for  the  use  of  the 
inhabitants  of  The  City  of  New  York,  as  hereinafter  pro- 
vided, and  for  the  convenience  of  dealers  in  country  produce 
and  other  merchandise  transported  to  The  City  of  New  York 
for  sale.  The  purpose  of  this  section  is  to  afford  the  inhabit- 
ants of  The  City  of  New  York  greater  opportunity  for  health- 
ful recreation  than  they  now  possess,  and  to  accompHsh  such 
end  the  said  commissioner  of  docks  is  hereby  authorized  to 
construct  or  rebuild  the  piers  set  apart  under  the  provisions 
of  this  section  for  public  use  in  such  manner  as  shall  pro- 
vide a  platform  or  upper  story  thereof,  and  the  approach  ?s 
thereto  shall  be  constructed  under  the  direction  of  a  skilled 


CHARTER  OF  NEW  YORK  CITY. 


361 


architect,  who  shall  be  employed  by  said  commissioner  of 
docks  for  that  purpose.  The  intention  hereof  being  to  per- 
mit the  upper  story  of  each  one  of  the  piers  herein  authorized 
to  be  set  apart  for  public  use  wholly  free  to  the  inhabitants 
of  said  city  for  the  purpose  aforesaid  without  interference 
with  business  occupations,  and  the  said  piers  on  the  lower 
stories  thereof  shall  be  open  to  use  to  boats  and  vessels  ply- 
ing upon  canals,  rivers  and  lakes  of  this  state  which  may 
bring  merchandise  to  the  city  for  sale  therein.  The  oc- 
cupation of  positions  by  boats  at  the  piers  herein  mentioned 
shall  be  under  the  control  of  the  commissioner  of 
docks,  and  order  shall  be  maintained  by  the  poHce  authorities 
of  The  City  of  New  York  in  and  around  such  portions  of  the 
said  docks  as  may  be  set  apart  for  recreation  purposes  afore- 
said. Except  as  hereinbefore  provided,  no  wharf,  pier,  bulk- 
head or  shed  shall  be  required  by  the  commissioner 
of  docks  to  be  so  constructed  as  to  admit  of  the  free  public 
use  of  the  roof  thereof  for  the  purposes  of  resort  and  recrea- 
tion. 

Water  front  to  be  set  apart  for  use  of  fire  department. 

§  838.  The  commissioner  of  docks,  with  the  consent 
and  approval  of  the  commissioners  of  the  sinking  fund, 
is  hereby  authorized  to  set  apart,  for  the  permanent  and  ex- 
clusive use  of  the  fire  department  of  The  City  of  New  York, 
so  much  of  the  water  front  owned  by  said  city  as  shall  be 
deemed  necessary  for  the  exclusive  use  of  the  said  fire  depart- 
ment of  The  City  of  New  York. 


TITLE  2. 

Piers,  Slips  and  Wharfage. 

Sheds  for  protection  of  property  upon  piers  or  bulkheads;  construc- 
tion of  the  same  regulated  by  commissioner  of  doclcs. 

§  844.  Whenever  any  person,  company  or  corporation,  en- 
gaged in  the  business  of  steam  transportation,  shall  be  owner 
or  lessee  of  any  pier  or  bulkhead  in  The  City  of  New  York, 
and  shall  use  and  employ  the  same  for  the  purpose  of  regularly 
receivmg  and  discharging  cargo  thereat,  it  shall  be  lawful  for 
such  owner  or  for  such  lessee,  with  the  consent  of  the  lessor, 
to  erect  and  maintain,  upon  such  pier  or  bulkhead,  sheds  for 
the  protection  of  property  so  received  or  discharged,  provided 
they  shall    have    obtained    from    the    commissioner  of 


a62 


LAWS  OF  NEW  YOKK. 


docks,  in  said  city,  license  or  authority  to  erect  or  maintain  the 
same,  and  subject  to  the  conditions  and  restrictions  contained 
in  such  Hcense  or  authority;  but  when  such  Hcense  or 
authority  has  been  granted  and  has  been  acted  upon,  it  shall 
not  be  revoked  by  said  commissioner  without  the 
consent  in  writing  of  the  mayor  and  of  the  com- 
missioners of  the  sinking  fund,  after  due  hearing  of  such 
licensee.  All  sheds  or  structures  erected  or  maintained  upon 
any  wharf  or  pier  in  The  City  of  New  York,  as  heretofore 
known  and  bounded,  under  any  license  or  permit  heretofore 
granted  by  the  department  of  docks  of  said  city,  or  hereafter 
erected  or  maintained  upon  any  wharf  or  pier  in  The  City  of 
New  York,  under  any  license  or  permit  granted  by  the 
commissioner  of  docks  of  said  city,  are  declared  to 
be  lawful  structures,  subject  to  the  terms  and  conditions  of 
the  license  or  permit  authorizing  the  same.  Such  sheds 
hereafter  shall  be  constructed  subject  to  the  regulations  and 
under  the  authority  of  the  commissioner  of  docks.  Any  such 
owner  or  lessee  of  a  pier,  or  of  a  pier  or  bulkhead,  or  a  part 
thereof,  in  respect  to  which  the  commissioner  of  docks  shall 
have  granted  the  license  or  authority  herein  specified,  shall 
be  entitled  to  the  use  of  the  premises  so  owned  or  leased  by 
them  and  no  vessel  shall  be  placed  in  any  berth  on  such  pier,  or 
bulkhead,  or  part  thereof,  without  the  consent  of  such  owner 
or  lessee,  during  the  continuance  of  such  license.  The  commis- 
sioner of  docks  shall  have  power  to  build  the  above  structures 
on  any  wharf  or  bulkhead  belonging  to  The  City  of  New 
York,  and  shall  have  power  to  lease  the  same ;  and  any  lessee 
thereof  shall  have  all  the  rights  and  privileges  above  granted. 
Provided  that  all  sheds  or  structures  lawfully  erected  or  main- 
tained at  the  time  this  act  takes  effect  upon  any  wharf  or  pier 
in  any  part  of  the  territory  embraced  within  The  City  of  New 
York,  as  constituted  by  this  act,  are  hereby  declared  to  be  law- 
ful structures. 

Wharves,  slips,  etc.,  not  to  be  used  as  dumping  grounds* 

§  845.  It  shall  not  be  lawful  to  permit  the  use  as  a  dumping 
ground  of  any  wharf,  pier  or  slip,  or  bulkhead  adjacent  thereto 
in  the  navigable  waters  of  the  East  river,  in  The  City  of  New 
York,  which  has  heretofore  been  used  for  the  loading  and 
discharging  of  sailing  vessels  regularly  employed  in  foreign 
commerce  and  having  a  draught  of  more  than  eighteen  feet 
of  water. 


CHARTER  OF  NEW  YORK  CITY.  863 


Storehouses,  booths,  shops,  etc.,  on  sheds  not  authorized. 

§  846.  Nothing  in  the  two  preceding  sections  contained 
shall  be  construed  to  authorize  the  erection  or  maintenance  on 
any  pier  of  any  storehouses,  booths,  shops,  or  other  structures 
than  the  sheds  mentioned  in  the  last  section  but  one,  with  the 
proper  doors  and  gates  appertaining  thereto,  nor  to  impair  any 
powers  conferred  upon  the  commissioner  of  docks,  except  as 
provided  by  said  section. 

Offices  abolished. 

§  847.  The  offices  of  captain  of  the  port  of  New  York 
and  of  harbor  masters  of  the  port  of  New  York  are  hereby 
abolished.  The  dock  masters  appointed  by  the  commis- 
sioner of  docks  of  The  City  of  New  York,  as  constituted 
by  this  act,  shall  be  vested  with  all  the  powers  and  shall  per- 
form all  the  duties  conferred  or  imposed  upon  the  dock  mas- 
ters appointed  by  the  commissioner  of  docks  of  The  City 
of  New  York,  as  heretofore  known  and  bounded,  by  chapter 
one  hundred  and  ninety-nine  of  the  laws  of  eighteen  hundred 
and  eighty-eight  and  the  acts  amendatory  thereof,  and  sup- 
plementary thereto. 

Dock  masters;  certain  powers  of. 

§  848.  The  dock  masters  appointed  by  the  commis- 
sioner of  docks  of  The  City  of  New  York  shall  be  vested 
with  all  the  powders  and  perform  all  the  duties  conferred  on  or 
imposed  upon  the  harbor  masters  of  the  port  of  New  York 
by  a  certain  act,  entitled,  "An  act  to  provide  for  the  ap- 
pointment of  a  captain  of  the  port  of  New  York,  and  har- 
bor masters  of  the  port  of  New  York,  and  defin- 
ing and  regulating  the  powers  and  duties  and  com- 
pensation of  said  officers,  and  repealing  chapter  four  hun- 
dred and  eighty-seven  of  the  laws  of  eighteen  hundred*  and 
sixty-two,''  passed  May  fourth,  eighteen  hundred  and  eighty- 
ihree,  and  known  as  chapter  three  hundred  and  fifty-seven  of 
the  laws  of, eighteen  hundred  and  eighty-three.  Nothing  in 
this  section  contained  shall  entitle  the  said  dock  masters  to  any 
additional  compensation  for  performing  the  duties  and  exer- 
cising the  powers  hereby  imposed  and  conferred.  Each  of 
said  dock  masters  shall  personally  perform  the  duties  as- 
signed to  him  by  the  commissioner  of  docks.  He  shall 
not  appoint  any  deputy,  or  assistant,  or  delegate  the  powers 
of  his  office  to  any  person  or  persons  whatever.  He  shall 
not  collect  any  f'^es  except  such  as  are  now  or  may  be  au- 


LAWS  OF  NEW  YORK. 


thorized  by  law,  and  which  shall  be  specified  by  the 
commissioner  of  docks.  He  shall  not  take  or  receive  directly 
or  indirectly,  any  money,  or  thing  of  value,  or  compensation 
for  his  services,  or  on  account  of  the  exercise  of  his  powers 
of  office,  except  as  now  provided,  or  which  may  hereafter  be 
provided,  by  law  and  the  regulations  of  the  commissioner 
of  docks.  Any  dock  master  violating  any  of  the 
provisions  of  this  section  shall,  upon  conviction  thereof  by  any 
court  of  record,  be  punished  by  a  fine  of  five  hundred  dollars, 
and  in  addition  thereto  may,  in  the  discretion  of  the  court,  be 
imprisoned  in  the  county  jail  for  a  term  not  exceeding  thirty 
days. 

Removal  of  obstructions,  etc.,  from  piers,  etc. 

§  849.  Whenever  any  pier,  wharf,  or  bulkhead  in  The 
City  of  New  York,  shall  be  iacumbered  or  obstructed  in 
its  free  use  by  merchandise,  or  by  any  material  not  affixed 
to  such  pier,  wharf,  or  bulkhead,  the  commissioner  of  docks  is 
hereby  authorized  to  require  the  owner,  consignee  or  person 
in  charge  of  such  merchandise  or  material,  to  remove  the 
same  without  any  unnecessary  delay,  and  the  said 
commissioner  shall  have  power,  from  time  to  time, 
to  make  such  general  rules  and  regulations  and  give  such 
directions  as  will  secure  dispatch  in  loading  and  unloading 
vessels,  and  the  prompt  removal  of  the  same  from  the  piers 
as  soon  as  completed,  and  also  such  as  shall  be  necessary  to 
prevent  any  unnecessary  accumulation  of  freight  or  merchan- 
dise upon  any  pier  or  wharf,  while  any  vessel  shall  be  engaged 
in  receiving  or  discharging  her  cargo ;  provided,  however,  that 
the  power  hereinbefore  conferred  shall  not  be  exercised  in 
reference  to  any  obstruction  or  incumbrance  upon  any  pier  or 
wharf  occupied  by  any  regular  line  of  steamboats  or  steam- 
ship?, or  by  any  railroad  company,  except  upon  the  written 
request  of  the  occupant  or  lessee  of  such  pier  or  wharf. 

Expense  of  carrying  out  last  section. 

§  850.  Whenever  the  commissioner  of  docks  shall  make 
any  order  or  give  any  direction  in  pursuance  of  the 
power  conferred  by  the  last  preceding  section,  it  shall  be  the 
duty  of  the  owner,  consignee  or  person  in  charge  of  the  mer- 
chandise, property,  or  vessel  in  reference  to  which  such  order 
or  direction  is  given,  to  comply  with  the  same  without  any 
unreasonable  delay,  or,  in  default  thereof,  the  said 
commissioner    of    docks    may    employ    such  laborers 


CHARTEK  OF  NEW  YORK  CITY. 


365 


and  assistance  as  may  be  necessary  to  carry  out  such 
order  or  direction,  by  the  removal  of  the  material,  merchan- 
dise, or  vessel  in  reference  to  which  the  same  was  given;  and 
all  expenses  actually  and  necessarily  incurred  in  effecting  such 
removal  shall  be  paid  by  the  owner,  consignee,  or  person  in 
charge  of  the  material,  merchandise,  or  vessel  so  removed,  and 
the  amount  thereof  shall  be  a  lien  upon  the  same  in  favor 
of  the  department  of  docks,  and  may  be  enforced  in  the 
same  manner  and  by  the  same  proceedings  as  liens  on  vessels 
are  enforced  by  warrant  of  attachment,  under  and  pursuant  to 
the  provisions  of  the  act  entitled  ''An  act  to  provide  for  the 
collection  of  demands  against  ships  and  vessels,""  passed  April 
twenty-fourth,  eighteen  hundred  and  sixty-two,  and  all  the 
provisions  of  said  act,  so  far  as  the  same  can  be  made  appli- 
cable, shall  apply  to  the  liens  hereby  created;  and  the  said 
commissioner  shall,  for  the  purposes  of  this  section,  be 
deemed  a  creditor  of  said  owner,  consignee,  or  person  in 
charge,  and  each  of  them,  for  the  amount  of  the  expenses  so 
incurred,  and  may  have  and  maintain  an  action  against  them, 
or  either  of  them,  to  recover  the  same. 

Removal  of  obstructions,  continued. 

§851.  Whenever  any  pier  or  bulkhead  or  marginal  street, 
wharf  or  place  in  The  City  of  New  York,  shall  be  incumbered, 
or  its  free  use  interfered  with  by  merchandise,  lumber,  trucks, 
wagons  or  any  other  obstruction,  whether  of  loose  materials 
or  built  upon  or  affixed  to  the  pier  or  bulkhead  or  marginal 
str^t,  wharf  or  place  without  authority  of  law,  it  shall 
be  the  duty  of  the  commissioner  of  docks  to  notity 
the  person  or  persons  placing  or  keeping  such  merchan- 
dise or  other  obstructions  on  such  pier  or  bulkhead  or 
marginal  street,  wharf  or  place,  to  remove  such  mer- 
chandise or  other  obstructions  within  twenty-four  hours 
after  such  notice;  and  in  case  of  failure  to  comply  with 
such  notice  and  to  remove  such  merchandise  or  obstruc- 
tion, the  person  or  persons  so  notified  shall  be  liable 
to  pay  to  the  commissioner  of  docks  the  sum  of 
twenty-five  dollars  for  each  and  every  day  during  which 
such  merchandise  or  obstruction  shall  remain  on  such  pier  or 
bulkhead  or  marginal  street,  wharf  or  place.  And  the 
commissioner  of  docks  shall  have  power,  in  his  discre- 
tion, to  remove  any  merchandise,  lumber,  trucks,  w^agons  or 
any  other  obstruction  so  incumbering  any  pier  or  bulkhead,  or 
marginal  street,  wharf  or  place,  and  to  store  the  same  in  a 


366 


LAWS  OF  NEW  YORK. 


warehouse  or  other  proper  receptacle,  and  a  sum  equal  to  the 
amount  of  the  expenses  of  removal,  together  with  the  charges 
for  storage,  shall  be  paid  by  the  owner  of  such  merchandise  to 
the  commissioner  of  docks,  and  shall  be  a  lien  on  such  mer- 
chandise until  paid. 

Storage  of  obstructions. 

§  852.  Whenever  merchandise  discharged  from  a  vessel 
and  incumbering  a  bulkhead  or  pier,  in  the  port  of  New  York, 
shall  not,  in  the  judgment  of  the  said  commissioner  of 
docks,  be  of  sufficient  value  to  pay  the  expenses  of  removal 
and  storage,  as  provided  in  the  last  preceding  section,  such 
merchandise  shall  be  removed  and  stored  at  the  expense  of 
the  owner,  consignee,  or  master  of  the  ship  or  vessel  from 
which  such  merchandise  shall  have  been  discharged. 

Unclaimed  merchandise  to  be  advertised. 

§  853.  At  the  expiration  of  every  six  months  it  shall  be 
the  duty  of  said  commissioner  of  docks  to  advertise, 
for  one  week  in  the  City  Record  the  merchandise, 
lumber,  trucks,  wagons  or  other  obstruction  which 
they  have  stored  and  which  has  remained  unclaimed, 
setting  forth  the  marks  and  numbers  of  each  pack- 
age, or  parcel,  the  description  of  the  merchandise,  or 
material,  the  pier  whence  such  merchandise  was  removed,  and 
the  date  of  such  removal,  and  if  any  of  such  merchandise  or 
material  so  advertised  shall  remain  thereafter  unclaimed 
for  three  months,  said  commissioner  of  docks  may  then  sell 
the  same,  after  further  advertisement  for  one  week  in  the 
City  Record,  at  public  auction,  to  the  highest  bidder,  to  pay 
the  expenses  which  have  been  incurred  on  such  merchandise, 
lumber,  trucks,  wagons  or  other  obstruction,  and  the  remain- 
der shall  be  held  in  trust  by  the  said  commissioner  for  the 
owner  or  owners  thereof,  for  twelve  months,  when,  if  not 
claimed,  it  shall  be  paid  over  to  the  commissioners  of  the 
sinking  fund., 

Canal  boats;  territory  appropriated  to. 

§  854.  All  that  part  of  the  water  adjacent  to  the  wharves 
of  The  City  of  New  York,  as  heretofore  known  and  bounded, 
from  the  west  side  of  pier  number  three,  to  and  including  the 
east  side  of  pier  number  eight.  East  river,  shall  hereafter 
from  the  twentieth  day  of  March  to  the  thirty-first  day  of 
December  in  each  year,  be  set  apart,  kept,  and  reserved  for 


CHARTER  OF  NEW  YORK  CITY.  367 


the  exclusive  use  and  accommodation  of  canal  boats  and 
barges  engaged  in  the  business  of  transporting  property  on 
the  Hudson  river,  or  coming  to  tide  water  from  the  canals 
of  the  state,  arriving  in  said  city  from  the  city  of  Albany  or 
any  part  or  place  north  or  west  thereof,  and  for  the  use  of 
lighters  engaged  in  loading  or  unloading  such  boats  or 
barges;  and  it  shall  be  the  duty  of  the  commissioner 
of  docks  and  of  all  officers  who  now  are  or  hereafter  shall  be 
empowered  by  law,  or  by  any  ordinance  of  The  City  of  New 
York,  as  constituted  by  this  act,  to  regulate  or  station  ships 
and  vessels  in  the  harbor  of  said  city,  to  prohibit  and  pre- 
vent all  other  boats,  ships,  or  vessels  from  entering  any  of 
the  slips  or  approaching  or  lying  at  any  of  the  wharves  be- 
tween the  piers  aforesaid,  during  the  period  above  specified, 
when  such  slips  or  the  wharves  connected  therewith  shall  be 
required  for  the  use  and  accommodation  of  the  canal 
boats  and  barges  hereinbefore  mentioned;  and  the 
said  commissioner  of  docks,  or  other  officers,  afore- 
said, shall  assign  such  other  accommodations  for  said  canal 
boats  and  barges  in  other  parts  of  the  port  of  New  York,  as 
may,  from  time  to  time,  be  necessary  in  receiving  or  discharg- 
ing their  cargoes. 

Derricks  for  unloading  canal  boats  authorized. 

§  855.  It  shall  be  lawful  for  the  proprietors  of  any  regular 
line  of  canal  boats  or  barges  using  the  waters  within  the 
Hmits  aforesaid,  or  any  other  limits  to  which  they  may  be 
assigned,  as  provided  in  the  preceding  section,  to  erect  and 
maintain  upon  any  of  the  piers,  or  wharves  adjacent  thereto, 
suitable  derricks,  to  be  used  by  said  proprietors  and  their 
employes  in  loading  and  unloading  said  canal  boats  and 
barges;  no  derrick  or  structure  so  erected  shall  be  deemed 
an  obstruction  or  incumbrance  upon  such  pier  or  wharf, 
within  the  meaning  of  any  statute  or  ordinance  prohibiting 
the  incumbering  or  obstructing  any  such  pier  or  wharf,  or 
authorizing  the  removal  of  obstructions  or  incumbrances 
upon  the  same. 

Occupation  of  waters  by  ships  not  entitled  thereto. 

§  856.  Whenever  any  portion  of  the  waters  mentioned  in 
the  last  section  but  one  shall  be  occupied  by  any  ship  or  ves- 
sel not  entitled  to  occupy  the  same  according  to  the  provi- 
sions of  that  section,  and  the  proprietor  or  proprietors  or 
^^^^on  in  charge  of  any  of  the  canal  boats  or  barges  specified 


3G8 


LAWS  OF  NEW  YORK. 


in  said  section,  shall  desire  to  use  the  berth  or  slip  occu- 
pied by  such  ship  or  vessel,  it  shall  be  the  duty  of  said 
commissioner  of  docks,  upon  the  request  of  the  proprietor 
or  consignee  or  person  in  charge  of  said  canal  boat  or  barge 
forthwith  to  remove  such  ship  or  vessel  as  far  as  may  be 
necessary  to  accommodate  such  canal  boat  or  barge.  If  the 
said  commissioner  of  docks  to  whom  such  request  is  made 
shall  neglect  or  refuse  to  comply  with  the  same  he  shall,  for 
each  such  neglect,  or  refusal,  forfeit  and  pay  to  the  proprietor 
or  proprietors  of  the  canal  boat  or  barge,  in  refer- 
ence to  which  request  was  made,  the  sum  of  fifty  dollars,  to 
be  sued  for  and  recovered  by  and  in  the  name  of  such  propri- 
etor or  proprietors,  for  his  or  their  use  and  benefit  in  any 
court  of  competent  jurisdiction. 

Failure  to  remove  when  ordered;  penalty. 

§  857.  Any  person  in  command  or  in  charge  of  any  ship 

or  vessel  which  the  commissioner  of  docks  is  author- 
ized and  required  to  remove,  as  specified  in  the  last  preced- 
ing section,  who  shall  neglect  or  refuse  to  com- 
ply with  any  order  or  direction  of  the  said  commis- 
sioner in  reference  to  the  removal  thereof,  or  who  shall  resist 
or  obstruct  the  removal  of  such  ship  or  vessel,  shall,  for 
every  such  offense,  forfeit  and  pay  the  sum  of  fifty  dollars, 
to  be  sued  for  and  recovered,  with  costs,  by  and  in  the  name 
of  said  department  of  docks  in  any  court  of  competent  juris- 
diction. 

Certain  docks  and  piers  set  apart  for  garden  produce. 

§  858.  The  docks,  piers  and  bulkheads  on  the  Hudson 

river  from  Gansevoort  street  to  Little  West  Twelfth 
street,  shall  be  set  apart  by  the  commissioner  of  docks,  or 
such  department  as  shall  have  control  thereof,  and 
kept  for  the  use  of  boat's,  barges  and  other  vessels 
engaged  in  the  business  of  transporting  farm  and 
garden  produce,  at  such  rates  of  wharfage  as  have  been,  or 
shall  be  lawfully  established,  and  said  commissioner  of 
docks,  or  other  department,  having  control  of  said  docks, 
piers  and  bulkheads  may,  from  time  to  time,  when  said  docks, 
piers  or  bulkheads  are  not  in  actual  use  for  the  purpose 
above  mentioned,  allow  the  same  to  be  used  for  other  and 
additional  purposes,  and  they  are  hereby  authorized  and 
empowered  at  any  such  time  to  designate  and  appropriate 
any  or  all  of  said  docks,  piers  or  bulkheads  for  any  public 


CHARTER  OF  NEW  YORK  CITY. 


869 


or  general  use,  and  such  designation  or  appropriation  shall 
be  subject  at  any  time  to  revocation  by  said  commissioner  or 
department  making  the  same. 

Wharfage  and  dockage  rates  enumerated. 

§  859.  It  shall  be  lawful  to  charge  and  receive,  within  The 
City  of  New  York,  wharfage  and  dockage  at  the  following 
rates,  namely :  From  every  vessel  that  uses  or  makes  fast  to 
any  pier,  wharf,  or  bulkhead,  within  said  city  or  makes  fast 
to  any  vessel  lying  at  such  pier,  wharf,  or  bulkhead,  or  to  any 
other  vessel  lying  outside  of  such  vessel,  for  every  day  or 
part  of  a  day  except  as  hereinafter  provided,  as  follows: 
From  every  vessel  of  two  hundred  tons  burden  and  under, 
two  cents  per  ton;  and  for  every  vessel  over  two  hundred 
tons  burden,  two  cents  per  ton  for  each  of  the  first  two  hun- 
dred tons  burden,  and  one-half  of  one  cent  per  ton  for  every 
additional  ton,  except  that,  save  as  hereinafter  provided,  ves- 
sels known  as  North  river  barges,  market  boats  and  barges, 
sloops  employed  upon  the  rivers  and  waters  of  this  state, 
and  schooners  exclusively  employed  upon  the  rivers  and 
waters  of  this  state  shall  pay  for  every  such  vessel  under  the 
burden  of  fifty  tons,  at  the  rate  of  fifty  cents  per  day;  for 
every  such  vessel  of  the  burden  of  fifty  tons,  and  under  the 
burden  of  one  hundred  tons,  at  the  rate  of  sixty-two  and  a 
half  cents  per  day;  for  every  such  vessel  of  the  burden  of  one 
hundred  tons,  and  under  the  burden  of  one  hundred  and 
fifty  tons,  at  the  rate  of  seventy-five  cents  per  day ;  for  every 
such  vessel  of  the  burden  of  one  hundred  and  fifty  tons,  and 
under  the  burden  of  two  hundred  tons,  at  the  rate  of  eighty- 
seven  and  a  half  cents  per  day ;  and  for  every  such  vessel  of 
the  burden  of  two  hundred  tons,  and  under  the  burden  of 
two  hundred  and  fifty  tons,  at  the  rate  of  one  hundred  cents 
per  day;  for  every  such  vessel  of  the  burden  of  two  hundred 
and  fifty  tons,  and  under  the  burden  of  three  hundred  tons, 
at  the  rate  of  one  hundred  and  twelve  and  a  half  cents  per 
day;  for  every  such  vessel  of  the  burden  of  three  hundred 
tons,  and  under  the  burden  of  three  hundred  and  fifty  tons, 
at  the  rate  of  one  hundred  and  twenty-five  cents  per  day;  for 
every  such  vessel  of  the  burden  of  three  hundred  and  fifty 
tons,  and  under  the  burden  of  four  hundred  tons,  at  the  rate 
of  one  hundred  and  thirty-seven  and  a  half  cents  per  day; 
for  every  such  vessel  of  the  burden  of  four  hundred  tons  and 
under  the  burden  of  four  hundred  and  fifty  tons,  at  the  rate  of 
one  hundred  and  fifty  cents  per  day ;  for  every  such  vessel  of 


370 


LAWS  OF  NEW  YORK. 


the  burden  of  four  hundred  and  fifty  tons,  and  under  the 
burden  of  five  hundred  tons,  at  the  rate  of  one  hundred  and 
sixty-two  and  a  half  cents  per  day;  for  every  such  vessel  of 
the  burden  of  five  hundred  tons,  and  under  the  burden  of  five 
hundred  and  fifty  tons,  at  the  rate  of  one  hundred  and  sev- 
enty-five cents  per  day;  for  every  such  vessel  of  the  burden 
of  five  hundred  and  fifty  tons,  and  under  the  burden  of  six 
hundred  tons,  at  the  rate  of  one  hundred  and  eighty-seven 
and  one-half  cents  per  day ;  for  every  such  vessel  of  the  bur- 
den of  six  hundred  tons  and  upwards,  to  pay  twelve  and  a 
half  cents,  in  addition  for  every  fifty  tons  in  addition  to  the 
rate  last  mentioned,  for  every  day  such  ship  or  vessel  shall 
use  or  be  made  fast  to  any  of  said  wharves ;  but  no  boat  or 
vessel  over  fifty  tons  burden  shall  pay  less  than  fifty  cents 
for  a  day  or  a  part  of  a  day,  and  the  class  of  sailing  vessels 
now  known  as  lighters  shall  be  at  one-half  the  first  above 
rates.  Every  other  vessel  making  fast  to  a  vessel  at  any 
pier,  wharf,  or  bulkhead  within  said  city,  or  to  another  vessel 
outside  of  such  vessel,  or  at  an  anchor  within  any  slip  or 
basin,  when  not  receiving  or  discharging  cargo  or  ballast, 
one-half  of  the  first  above  rates;  and  from  every  vessel  or 
floating  structure,  other  than  those  above  named,  or  used  for 
transportation  of  freight  or  passengers,  double  the  first  above 
rates,  except  that  floating  grain  elevators  shall  pay  one-half 
the  first  above  rates ;  and  every  vessel  that  shall  leave  a  pier, 
wharf,  bulkhead,  slip  or  basin,  without  first  paying  the 
wharfage  or  dockage  due  thereon,  after  being  demanded  of 
the  owner,  consignee,  or  person  in  charge  of  the  vessel,  shall 
be  liable  to  pay  double  the  rates  established  by  this  section. 

Id.;  on  vessels  in  clam  or  oyster  trade. 

§  860.  Vessels  of  two  hundred  tons  burden,  and  under, 
which  shall  be  actually  engaged  in  the  clam  or  oyster  trade, 
and  which  shall  make  fast  to  any  pier,  wharf  or  bulkhead 
within  The  City  of  New  York,  shall  pay  one  and  one-half 
cents  per  ton  per  day,  and  every  such  vessel  which  shall  make 
fast  to  another  vessel  lying  at  any  such  pier,  wharf  or  bulk- 
head, or  to  any 'vessel  lying  outside  of  such  vessel,  or  that 
shall  anchor  within  any -slip  or  basin  in  said  city  shall  pay  one 
cent  per  ton  per  day ;  provided,  however,  that  no  vessel  shall 
pay  less  than  twenty-five  cents  nor  less  than  one  day's  wharf- 
age, nor  shall  more  than  one  day's  wharfage  be  charged  unless 
for  a  continuous  use  of  the  pier,  wharf,  bulkhead,  slip  or  basin 
of  more  than  twenty-four  hours.    The  commissioner  of  docks 


CHARTER  OF  NEW  YORK  CITY. 


371 


may  grant  permits  for  vessels  or  floating  structures 
engaged  in  the  oyster  business,  and  used  for  the  receipt, 
preparation  and  opening  of  oysters  and  other  shell-fish  to  re- 
main continuously  moored  to  or  at  any  of  the  docks,  piers 
and  bulkheads  within  The  City  of  New  York,  not  otherwise 
specifically  appropriated  by  law  to  the  sole  use  of  other  kinds 
of  commerce,  upon  such  terms  as  to  wharfage  and  other- 
wise^ and  subject  to  such  regulations  as  said  com- 
missioner may  prescribe.  All  permits  so  granted  by  sucli 
commissioner  shall  be  subject  at  any  time  to  revoca- 
tion by  it.  Upon  any  such  permit  being  granted  the 
person  or  persons,  or  corporation  receiving  the  same,  shall 
be  entitled  to  moor  such  vessels  or  floating  structures,  con- 
tinuously and  until  such  permit  shall  be  revoked,  to  or  at  the 
dock,  pier  or  bulkhead  designated  in  such  permit  for  that 
purpose  subject  to  the  terms  of  such  permit ;  provided,  how- 
ever, that  wliere  The  City  of  New  York  is  not  the  owner  of 
the  dock,  pier  or  bulkhead  designated  in  such  permit,  the 
consent  of  the  owner  or  owners  of  the  same,  or  of  the  person 
or  persons  entitled  to  collect  wharfage  therefrom,  shall  have 
been  obtained. 

Id.;  canal  boats  and  vessels  carrying  brick. 

§  86 1,  Every  canal  boat  and  every  vessel  engaged  in  freight- 
ing brick  on  the  Hudson  river  occupying  a  berth  next  to  any 
pier,  wharf,  or  bulkhead  in  The  City  of  New  York,  and 
engaged  in  delivering  cargo  upon  said  pier,  wdiarf,  or  bulk- 
head, or  receiving  cargo  therefrom,  shall  pay  wharfage  at  the 
rate  of  fifty  cents  for  every  day  or  part  of  a  day  while  so 
engaged;  but  when  unloaded  such  canal  boats  or  vessels  afore- 
said shall  pay  wharfage  at  the  rate  of  thirty  cents  per  day  or 
part  thereof ;  but  no  canal  boat  or  vessel  lying  in  any  slip 
between  two  adjacent  piers  shall  be  required  to  pay  full  wharf- 
age to  the  owners  or  lessees  of  both  said  piers  for  the  same 
day,  notwithstanding  such  canal  boat  or  barge  may,  during 
said  day,  have  changed  her  location  between  said  piers;  pro- 
vided that  they  shall  pay  one-half  rates  to  each  owner  or  lessee 
when  they  have  changed  their  locations  between  said  piers; 
and  the  word  day,"  whenever  it  occurs  in  this  and  the  last 
preceding  section,  shall  be  taken  and  construed  to  naean  twenty- 
four  hours. 


372 


LAWS  OF  NEW  YORK. 


Rates  for  goods,  etc.,  remaining  on  pier  or  wharf. 

§  862.  It  shall  be  lawful  for  the  owners  or  lessees  of  any 
pier,  wharf,  or  bulkhead  within  The  City  of  New  York,  to 
charge  and  collect  the  sum  of  five  cents  per  ton  on  all  goods, 
merchandise,  and  materials  remaining  on  the  pier,  wharf,  or 
bulkhead  owned  or  leased  by  him,  for  every  day  after  the 
expiration  of  twenty- four  hours  from  the  time  such  goods, 
merchandise,  and  materials  shall  have  been  left  or  deposited  on 
such  pier,  wharf,  or  bulkhead,  and  the  same  shall  be  a  lien 
thereon. 

Rates  to  be  printed  in  wharfage  bills. 

§  863.  It  shall  be  the  duty  of  every  person  owning  or  having 
charge  of  any  pier,  wharf,  bulkhead,  or  slip  in  The  City  of 
New  York,  to  cause  to  be  printed  on  the  backs  of  all  bills,  pre- 
sented by  them  for  wharfage,  section  eight  hundred  and  fifty- 
nine  of  this  act,  and  the  owner,  consignee,  or  person  in  charge 
of  any  vessel  shall  not  be  required  to  pay  the  wharfage  or  dock- 
age due  on  such  vessel,  unless  upon  his  demand  the  bill  printed 
in  conformity  with  this  section  is  presented  to  him.  Any 
person  owning  or  having  charge  of  any  pier,  wharf,  bulkhead, 
or  slip  as  aforesaid,  who  shall  receive  for  wharfage  any  rates 
in  excess  of  those  now  authorized  by  law,  shall  forfeit  to  the 
party  aggrieved  treble  the  amount  so  charged  as  damages,  to 
be  sued  for  and  recovered  by  the  party  aggrieved. 

What  waters  included  in  port  of  New  York. 

§  864.  The  port  of  New  York,  wherever  the  same  Is  men- 
tioned or  referred  to  in  this  chapter,  shall  be  deemed  and  taken 
to  include,  unless  otherwise  expressly  stated,  all  the  waters  of 
the  North  river  and  East  river  and  the  harbor  embraced  within 
or  adjacent  to  or  opposite  to  the  shores  of  The  City  of  New 
York,  as  constituted  by  this  act. 

Additional  accommodations  for  canal  boats. 

§  865.  The  commissioner  of  docks  shall,  in  addition 
to  the  piers  and  waters  especially  assigned  thereto  by 
law,  assign  such  accommodations  for  canal  boats  and  barges 
engaged  in  the  business  of  transporting  property  on  the  Hud- 
son river,  or  coming  to  tide  water  from  the  canals  of  the  state, 
or  arriving  in  said  port  from  Albany  or  any  place  north  or 
west  thereof,  as  may  from  time  to  time  be  necessary  in  receiv- 
ing and  discharging  their  cargoes. 


CHARTER  OF  NEW  YORK  CITY. 


Penalty  for  vessels  wrongfully  entering  canal  boat  territory. 

§  866.  No  vessel,  other  than  canal  boats,  barges  or  lighters 
receiving  or  delivering  property  from  or  to  said  canal  boats  or 
barges,  shall  use  or  enter  into  for  the  purpose  of  using  any 
part  of  the  port  of  New  York  set  apart  for  the  use  of  canal 
boats  and  barges  without  the  written  consent  of  the 
commissioner  of  docks  had  and  obtained  therefor,  and  then 
only  between  the  first  day  of  January  and  twentieth  day  of 
March  in  each  year,  and  when  not  occupied  by  canal  boats, 
under  a  penalty  of  one  hundred  dollars  for  every  day  that  such 
vessel  shall  remain  in  said  part  of  said  port  so  set  apart  after 
being  notified  to  leave  by  the  said  commissioner  and  said 
penalty  shall  be  a  lien  upon  any  such  vessel,  and  be  enforced 
by  proceedings  against  it,  instituted  by  and  in  the  name  of 
the  said  department  of  docks,  according  to  the  provisions 
of  the  laws  of  this  state  concerning  attachments  against  ves- 
sels. 

Powers  of  dock  masters  to  assign  and  regulate  stations  for  vessels; 
penalty  for  refusing  to  obey  direction. 

§  867.  Each  dock  master  appointed  by  the  com- 
missioner of  docks  shall  have  power,  within  the  district  as- 
signed to  him,  subject  to  the  other  provisions  of 
this  act,  to  provide  and  assign  suitable  accommo- 
dations for  all  sliips  and  vessels,  and  regulate  them 
in  the  stations  they  are  to  occupy  at  the  wharves  or  in 
the  stream,  and  to  remove  from  time  to  time  such  vessels  as 
are  not  employed  in  receiving  or  discharging  their  cargoes,  to 
make  room  for  such  others  as  require  to  be  more  immediately 
accommodated  for  the  purpose  of  receiving  or  discharging 
their  cargoes,  and  shall  have  power  to  determine  as  to  the  fact 
of  their  being  fairly  and  in  good  faith  employed  in  receiving 
and  discharging  their  cargoes,  and  shall  have  authority  to 
determine  how  far  and  in  what  instance  it  is  the  duty  of  the 
master  and  others  having  charge  of  ships  and  vessels  to  accom- 
modate each  other  in  their  respective  situations.  And  if  any 
master  or  any  person  having  charge  of  any  vessel,  canal  boat, 
barge  or  lighter,  shall  refuse  or  neglect  to  move  his  vessel, 
canal  boat,  barge  or  lighter,  when  ordered  to  do  so  by  a  dock 
master,  or  shall  resist  or  forcibly  oppose  said  officer  in  the 
discharge  of  his  duties,  such  master  or  persons  so  refusing, 
neglecting,  resisting  or  opposing,  shall,  for  every  offense,  for- 
feit and  pay  the  sum  of  fifty  dollars  to  be  recovered  with  costs 
of  suit,  by  and  in  the  name  of  the  department  of  docks  before 
any  court  having  cognizance  thereof. 


974 


LAWS  OF  NEW  YORK. 


False  personation  of  dock  masters. 

§  868.  Any  person  who  shall  falsely  represent  himself  to 
be  a  dock  master,  or  wrongfully  perform  the  duties  of  dock 
master,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  imprisoned  in  the  county  jail  for 
a  term  not  exceeding  sixty  days,  and  fined,  in  the  discretion 
of  the  court,  a  sum  not  exceeding  twenty-five  dollars. 

Violations  to  be  reported. 

§  869.  It  shall  be  the  duty  of  the  dock  masters  appointed 
by  the  commissioner  of  docks  to  report  to  said  commissioner 
all  violations  of  any  of  the  provisions  of  this  chapter,  and  of 
the  rules  and  regulations  of  the  commissioner  of  docks  which 
may  come  to  the  knowledge  of  said  dock  masters,  or  which 
may  be  known  to  them  by  complaint  or  otherwise. 

Floating  docks  authorized. 

§  870.  It  shall  be  lawful  for  the  floating  docks  of  the  New 
York  Balance  Dock  Company  and  of  the  New  York  Floating 
Dry  Dock  Company,  to  be  used,  with  the  consent  of  the 
owners  of  the  piers  or  bulkheads,  respectively  occupied  for 
such  use,  or  of  the  persons  entitled  to  collect  wharfage  for 
such  piers  or  bulkheads,  for  the  purpose  of  taking  up  ships 
and  vessels  for  repair,  coppering  or  finishing,  in  the  manner 
heretofore  practiced  in  the  port  of  New  York,  subject  to  the 
authority  established  by  this  act  to  regulate  by  ordinance  the 
use  of  the  slips,  piers  and  wharves  of  The  City  of  New  York. 


TITLE  3. 
General  Provisions, 

Grants  of  land  under  water  restricted. 

§  876.  No  grants  of  land  under  water  shall  be  made 
by  the  board  of  aldermen  of  The  City  of  New 
York,  or  by  any  officer,  board,  or  department  thereof,  be- 
yond the  exterior  lines  of  The  City  of  New  York,  as  fixed  by 
an  act  of. the  legislature,  passqd  April  seventeenth,  eighteen 
hundred  and  fifty-seven,  entitled  "  An  act  to  establish  bulk- 
head and  pier  lines  for  the  port  of  New  York,"  as  amended 
by  subsequent  act,  unless  as  expressly  authorized  by  acts 
passed  subsequent  thereto. 


CHARTER  OF  NEW  YORK  CITY. 


375 


Time  for  improving  lands  adjacent  to  water  on  Harlem  river. 

§  877.  The  period  of  time  fixed  for  the  appropriation  to 
the  purposes  of  commerce  by  the  construction  of  a  dock  or 
docks,  and  filling  in  the  same,  in  all  letters  patent  issued  by 
the  people  of  the  state  of  New  York  to  the  owners  of  the 
adjacent  upland  for  lands  under  water  and  between  high  and 
low  water  mark  in  front  of  and  adjacent  to  the  lands  of  the 
said  owners  of  the  adjacent  upland  on  the  easterly  shore  of 
the  Harlem  river,  is  extended  until  two  years  after  the  time 
when  plans  for  the  improvement  of  said  river  shall  have  been 
or  shall  be  completed  by  the  proper  authorities,  and  copies 
of  such  plans,  filed,  one  in  the  office  of  the  register  of  the 
county  of  New  York,  and  one  in  the  office  of  the  secretary 
of  state  at  Albany. 

Dumping  snow  and  ice  from  piers. 

§  878.  It  shall  be  lawful  for  the  commissioner  of  street 
cleaning  to  cause  to  be  dumped,  or  authorize  to  be  dumped, 
snow  and  ice  between  the  piers  near  their  inshore  ends,  into 
the  waters  of  the  East  and  North  or  Hudson  rivers. 

Injuries  to  vessels  lying  at  exterior  end  of  wharf. 

§  879.  It  shall  not  be  lawful  for  any  vessel,  canal  boat, 
barge,  lighter  or  tug  to  obstruct  the  waters  of  the  harbor  by 
lying  at  the  exterior  end  of  wharves  in  the  waters  of  the 
North  or  East  river,  except  at  their  own  risk  of  injury  from 
vessels  entering  or  leaving  any  adjacent  dock  or  pier;  any 
vessel,  canal  boat,  barge,  Hghter  or  tug  so  lying  shall  not  be 
entitled  to  claim  or  demand  damages  for  any  injury  caused 
by  any  vessel  entering  or  leaving  any  adjacent  pier. 

Certain  substances  not  to  be  dumped  in  port  of  New  York. 

§  880.  The  placing,  discharging  or  depositing,  by  any  pro- 
cess or  in  any  manner,  of  refuse,  dirt,  ashes,  cinders,  mud, 
sand,  dredgings,  sludge  acid,  or  any  other  refuse  matter, 
floatable  or  otherwise,  in  the  tidal  waters  of  the  port  of  New 
York  as  defined  by  this  act,  except  under  permit  of  the 
United  States  supervisor  of  the  harbor,  is  hereby  strictly  for- 
bidden, and  every  person  violating  the  foregoing  provisions 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  a  fine  of  not  more  than  two 
hundred  and  fifty  dollars  nor  less  than  five  dollars,  or  impris- 
onment for  not  more  than  six  months  nor  less  than  ten  days, 


376 


LAWS  OF  NEW  YORK. 


one-halt  of  said  fine  to  be  paid  to  the  person  or  persons  giv- 
ing- information  which  shall  lead  to  the  conviction  of  such 
misdemeanor. 

Scows  to  receive  ashes,  etc.,  from  steam  tugs  and  vessels. 

§  88 1.  The  various  scows  employed  by  The  City  of  New 
York,  or  by  the  contractors  for  removing  ashes,  garbage  and 
refuse  of  said  city,  while  moored  at  the  various  dumping 
boards  of  said  city  are  hereby  designated  and  required  to 
receive  directly  any  and  <all  ashes  or  rubbish  from  any  steam 
tug  or  vessel  in  the  harbor,  and  in  addition  to  the  foregoing 
provisions  two  or  more  scows  shall  be  located  at  such  points 
within  the  harbor  as  the  supervisor  of  the  harbor  may  direct 
for  the  special  use  of  boats  and  vessels  wishing  to  discharge 
ashes  or  rubbish. 

CHAPTER  XVII. 

Taxes  and  Assessments. 

Title  I.  Department  of  taxes  and  assessments;  powers  and  du- 
ties. 

Title  2.  Assessments  for  local  improvements  other  than  those 
confirmed  by  a  court  of  record. 

Title  3.  Vacating  and  modifying  assessments  for  local  im- 
provements other  than  those  confirmed  by  a  court 
of  record. 

Title  4.  Opening  streets  and  parks. 

Title  5.  Sales  of  land  for  taxes,  assessments  and  water  rates. 

TITLE  I. 

Department  of  Taxes  and  Assessments,  Powers  and  Duties. 

One  of  the  departments  of  the  city. 

§  884.  The  department  of  taxes  and  assessments  shall  be 
one  of  the  departments  in  said  city. 

Department,  how  composed;  terms  and  salaries. 

§  885.  The  head  of  the  department  of  taxes  and  assessments 
shall  be  called  the  board  of  taxes  and  assessments.  Said  board 
shall  consist  of  a  president,  who  shall  be  designated  in  his 
appointment,  and  four  other  persons,  one  of  whom  at  least 
shall  be  a  person  learned  in  the  law,  who  shall  be  called  com- 
missioners of  taxes  and  assessments.    The  salary  of  the  presi- 


CHARTER  OF  NEW  YORK  CITY. 


377 


dent  shall  be  eight  thousand  dollars  a  year,  and  the  salary 
of  each  of  the  other  commissioners  seven  thousand  dollars 
a  year. 

Devolution  of  power. 

§  886.  All  of  the  rights,  powers  and  duties  heretofore  de- 
volved by  law^  upon  the  board  of  taxes  and  assessments  in  The 
City  of  New  York,  upon  the  department  of  assessments  of  the 
city  of  Brooklyn,  and  upon  like  departments,  boards  or  officers 
of  taxes  and  assessments  other  than^for  street  improvements 
in  the  other  municipal  and  public  corporations  or  parts  of 
municipal  and  public  corporations  consolidated  by  this  act  with 
the  municipal  corporation  known  as  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York  are  hereby  devolved, 
unless  otherwise  herein  expressly  provided,  upon  and  vested  in 
the  board  of  taxes  and  assessments  in  The  City  of  New  York. 

Deputy  tax  commissioners;  how  appointed;  their  duties. 

§  887.  The  board  of  taxes  and  assessments  shall  appoint 
persons  to  be  known  as  deputy  tax  commissioners,  not  exceed- 
ing forty  in  number,  who  shall  perform,  under  the  direction 
and  supervision  of  the  board  of  taxes  and  assessments,  such 
duties  as  the  said  board  shall  prescribe.  The  said  board  shall 
give  such  directions  to  the  deputy  tax  commissioners  as  it  shall 
think  expedient  to  secure  in  all  the  boroughs  and  parts  of  the 
city  equality  of  valuations  of  property  for  the  purposes  of  tax- 
ation. The  number  of  deputy  tax  commissioners  above  pre- 
scribed may  from  time  to  time  be  increased  by  the  appoint- 
ment of  the  board  of  taxes  and  assessments,  provided  such 
increase  is  authorized  by  the  board  of  estimate  and  appor- 
tionment. 

Appointment  of  deputy  tax  commissioners  among  the  boroughs. 

§  888.  In  making  the  appointments  of  the  deputy  tax  com- 
missioners the  head  of  the  department  of  taxes  and  assessments 
shall  apportion  such  appointments  as  nearly  as  may  be,  among 
persons  residing  in  the  several  boroughs  created  by  this  act, 
according  to  the  population  of  the  several  boroughs; 
and  after  the  first  day  of  January,  nineteen  hundred 
and  two,  no  person  shall  be  appointed  to  the  ofifice 
of  deputy  tax  commissioner  unless  he  shall  be  at  the  time 
he  is  appointed  and  shall  have  been  for  at  least  one  year  prior 
thereto  an  elector  and  freeholder  in  the  borough  from  which 
he  is  appointed.    No  deputy  tax  commissioner  shall  be  as- 


378 


LAWS  OF  NEW  YORK. 


signed  to  assess  property  in  any  other  borough  than  that  from 
which  he  is  appointed,  except  by  the  unanimous  vote  of  all  the 
members  of  the  board  of  taxes  and  assessments,  and  in  that 
case  the  reasons  for  such  assignment  shall  be  stated  in  the 
minutes  of  the  board. 

Deputy  tax  commissioners;  duties  of  in  assessing  taxable  property. 

§  889.  It  shall  be  the  duty  of  the  deputy  tax  commissioners, 
under  the  direction  of  the  board  of  taxes  and  assessments,  to 
assess  all  the  taxable  property  in  the  several  districts  that  may 
be  assigned  to  them  for  that  purpose  by  said  board,  and  they 
shall  furnish  to  the  said  board,  under  oath,  a  detailed  state- 
ment of  all  such  property,  showing  that  said  deputies  have  per- 
sonally examined  each  and  every  house,  building,  lot,  pier,  or 
other  assessable  property,  giving  the  street,  lot,  ward,  town 
and  map  number  of  such  real  estate  embraced  within  said  dis- 
tricts, together  with  the  name  of  the  owner  or  occupant,  if 
known ;  (also,  in  their  judgment,  the  sum  for  which  said  prop- 
erty under  ordinary  circumstances  would  sell),  with  such  other 
information  in  detail  relative  to  personal  property  or  otherwise, 
as  the  said  board  may,  from  time  to  time  require.  Such  dep- 
uties shall  commence  to  assess  real  and  personal  estate  on  the 
first  Tuesday  of  September  in  each  and  every  year. 

Offices  of  the  department  in  tlie  boroughs. 

§  890-  There  shall  be  an  office  of  the  department  of  taxes 
and  assessments  in  the  borough  of  Brooklyn,  a  like  office  of 
the  department  in  the  borough  of  Queens,  a  like  office  of  the 
department  in  the  borough  of  Richmond,  and  a  like  office  of 
the  department  in  the  borough  of  The  Bronx;  at  which  the 
duties  of  the  department  of  taxes  and  assessments  pertaining 
to  the  assessment  of  property  in  the  said  several  boroughs 
shall,  under  the  direction  of  the  board  of  taxes  and  assess- 
ments, be  performed  by  such  number  of  the  deputy  tax  com- 
missioners or  other  employes  of  the  department  of  taxes  and 
assessments  as  the  said  department  may  decide  to  be  necessary 
and  assign  to  such  duties.  Such  offices  shall  in  law  be  a  part 
of  the  main  office,  and  the  main  office  of  the  department  of 
taxes  and  assessments  shall  be  maintained  in  the  borough  of 
Manhattan.  The  books,  maps,  assessment-rolls,  files  and 
records  pertaining  to  the  department  of  taxes  and  assessments 
of  the  municipality  heretofore  designated  as  the  mayor,  alder- 
men and  commonalty  of  the  city  of  New  York,  of  the  depart- 
ment of  assessment  of  the  city  of  Brooklyn  and  of  each  and 


CHARTER  OF  NEW  YORK  OITY. 


379 


every  of  the  like  offices  in  any  of  the  municipal  and  public 
corporations,  or  parts  of  municipal  and  public  corporations 
consolidated  by  this  act  with  the  municipal  corporation  of  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New  York, 
shall  be  delivered  into  and  thereafter  be  in  the  custody  and 
control  of  the  department  of  taxes  and  assessments  hereby 
constituted,  to  be  kept  in  such  of  the  offices  of  the  said  depart- 
ment as.  may  be  most  convenient  to  the  taxpayers  and  suitable 
to  the  proper  discharge  of  the  business  of  such  department, 
and  shall  be  public  records,  and  at  all  reasonable  times  open  to 
public  inspection. 

Surveyor. 

§  891.  The  said  department  of  taxes  and  assessments  shall 
appoint  a  surveyor  from  one  of  the  city  surveyors,  whose  duty 
it  shall  be  to  make  necessary  surveys  and  corrections  of  the 
ward  maps,  and  also  to  make  all  new  maps  which  may  be 
required  for  the  more  accurate  assessment  of  real  estate  within 
the  territory  consolidated  by  this  act  with  the  municipal  corpo- 
ration known  as  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York.  He  shall  hold  his  office  at  the  pleasure  of 
the  department  of  taxes  and  assessments,  and  may  have  such 
assistants  as  the  said  department  may  decide  to  be  necessary 
and  provide. 

Annual  record  of  assessed  valuation;  what  to  contain  and  when  to  be 
open  for  examination  and  correction. 

§  892.  There  shall  be  kept  in  the  several  offices  estab- 
lished by  the  department  of  taxes  and  assessments  books  to  be 
called  "  the  annual  record  of  the  assessed  valuation  of  real 

and  personal  estate  of  the  borough  of  in  which  shall 

be  entered  in  detail  the  assessed  valuations  of  such  property 
within  the  limits  of  the  several  boroughs  of  The  City  of  New 
York  as  established  by  this  act,  which  said  books  shall  be  open 
for  public  inspection,  examination  and  correction  from  the 
second  Monday  in  January  until  the  first  day  of  April  in  each 
year;  but  on  said  last  mentioned  day  the  same  shall  be  closed 
to  enable  the  board  of  taxes  and  assessments  to  prepare  as- 
sessment-rolls of  the  several  boroughs  for  delivery  to  the 
board  of  aldermen.  The  said  board  previous  to  and  during 
the  time  the  said  books  are  open  as  aforesaid  for  inspection 
shall  advertise  the  fact  in  the  City  Record,  and  in  such  other 
newspaper  or  newspapers  published  in  the  several  boroughs 
created  by  this  act  as  may  be  authorized  by  the  board  of  city 
record. 


380 


LAWS  OF  NEW  YORK. 


Annual  record  of  assessed  valuation  of  real  and  personal  estate  of 
corporations  to  be  kept  in  main  office. 

§  893.  The  department  of  taxes  and  assessments  shall  cause 
to  be  prepared  and  kept  in  the  main  ofifice  of  the  department  of 
taxes  and  assessments,  books  to  be  called  "  The  annual  record 
of  the  assessed  valuations  of  real  and  personal  estate  of  corpo- 
rations," and  it  shall  be  the  duty  of  the  deputy  tax  commis- 
sioners in  the  several  districts  in  the  several  boroughs  which 
may  be  assigned  to  them  for  that  purpose  by  the  board  of  taxes 
and  assessments,  to  furnish  to  the  department  of  taxes  and 
assessments,  under  oath  at  their  main  office,  at  the  time  that 
such  statement  is  filed  in  any  office  of  the  department  of  taxes 
and  assessments  in  any  borough  other  than  in  the  main  office 
in  the  borough  of  Manhattan,  a  duplicate  detailed  statement 
of  the  assessable  property  of  corporations,  both  real  and  per- 
sonal, which  said  statements  of  said  deputy  tax  commissioners 
shall  be  entered  upon  the  books  to  be  kept  in  the  main  office 
of  the  department  of  taxes  and  assessments,  to  be  known  as 
the  "  Annual  record  of  the  assessed  vakiation  of  real  and  per- 
sonal estate  of  corporations." 

Assessed  valuation  of  personal  property;  how  to  be  entered. 

§  894.  The  assessed  valuation  of  all  personal  property  shall 
be  entered  by  said  deputy  tax  commissioners,  or  by  such 
other  persons  as  may  be  assigned  to  that  duty  by  the  depart- 
ment of  taxes  and  assessments  in  its  several  offices,  in  books 
or  rolls,  in  alphabetical  order,  of  the  names  of  persons  and 
corporations  subject  to  taxation.  No  tax  or  assessment  shall 
be  void  by  reason  of  the  name  of  the  rightful  owner  or  own- 
ers, whether  individuals  or  corporations,  of  real  estate  in  any 
of  the  said  boroughs  not  being  inscribed  in  the  assessment  rolls 
or  lists ;  but  in  such  case  no  tax  shall  be  collected  except  from 
the  real  estate  so  assessed.  The  assessed  valuation  of  all  real 
and  personal  property  of  corporations  shall  be  entered  in  dupli- 
cate in  the  office  in  the  borough  where  the  same  is  assessed 
and  in  the  main  office  of  the  department  of  taxes  and  assess- 
ments in  the  borough  of  Manhattan.  If,  at  any  time  prior  to 
the  first  day  of  May  in  any  year,  it  shall  appear  to  the  tax 
commissioners  that  a  person  assessed  for  taxation  on  personal 
estate  on  the  books  or  rolls  of  one  borough  should  have  been 
assessed  therefor  on  the  books  or  rolls  of  another  borough, 
they  shall  forthwith  cause  the  assessment  to  be  cancelled 
and  a  new  assessment  to  be  made  on  the  proper  books 
or  rolls,  and  within  five  days  thereafter  shall  cause  writ- 


CHARTER  OF  NEW  YORK  CITY. 


381 


ten  notice  of  the  new  assessment  to  be  mailed  to  such 
person  at  his  last  known  residence  or  business  address  within 
The  City  of  New  York,  and  an  affidavit  of  the  mailing  of  such 
notice  to  be  filed  in  the  main  office.  The  person  so  notified 
may  apply  for  correction  of  such  assessment  on  or  before  the 
twentieth  day  of  May,  with  the  same  force  and  effect  as  if  such 
application  were  made  on  or  before  the  thirty-first  day  of 
March  in  any  year. 

Applications  for  correction  of  assessment. 

§  895.  During  the  time  that  books  shall  be  open  to  public 
inspection  as  aforesaid  application  may  be  made  by  any  person 
or  corporation  claiming  to  be  aggrieved  by  the  assessed  valua- 
tion of  real  or  personal  estate,  to  have  the  same  corrected.  If 
such  application  be  made  in  relation  to  the  assessed  valuation 
of  real  estate,  it  must  be  made  in  writing,  stating  the  ground 
of  objection  thereto.  The  board  of  taxes  and  assessments 
shall  examine  into  the  complaint,  as  herein  provided,  and  if 
in  their  judgment  the  assessment  is  erroneous  they  shall  cause 
the  same  to  be  corrected.  If  such  application  be  made  in  rela- 
tion to  the  assessed  valuation  of  personal  estate,  the  applicant 
shall  be  examined  under  oath  by  a  commissioner  of  taxes  and 
assessments  or  a  deputy  tax  commissioner,  as  herein  provided, 
who  are  hereby  authorized  to  administer  such  oath,  and  if  the 
assessment  as  hereinafter  provided  be  determined  by  the  board 
of  taxe§  and  assessments  to  be  erroneous,  it  shall  cause  the 
same  to  be  corrected  and  fix  the  amount  of  such  assessment  as 
the  board  of  taxes  and  assessments  may  believe  to  be  just,  and 
declare  its  decision  upon  such  application  within  the  time  and 
in  the  manner  hereinafter  provided.  But  the  commissioners 
of  taxes  and  assessments  may,  during  the  months  of 
April  and  May  in  any  year,  act  upon  applications,  examine 
applicants  under  oath  and  take  other  testimony  thereon,  for  the 
reduction  of  assessments  upon  either  real  or  personal  property 
.  filed  in  their  offices  on  or  before  the  thirty-first  day 
of  March  preceding,  and  cause  the  amount  of  any 
assessment  as  corrected  by  the  board  of  taxes  and  assessments 
to  be  entered  upon  the  assessment  rolls  for  the  year  in  which 
such  correction  may  be  made. 

When  assessed  valuation  may  be  increased  or  diminished. 

§  896.  The  board  of  taxes  and  assessments  may  increase  at 
any  time  before  the  first  of  April  in  each  year,  or  may 
diminish  at  any  time  before  the  closing  of  the  books  of  "  an- 
nual record  "  on  the  first  day  of  April  in  each  year,  the 


382 


LAWS  OF  NEW  YORK. 


assessed  valuation  of  any  real  or  personal  estate  of  any  indi- 
vidual or  corporation,  as  in  its  judgment  may  be  just  or  neces- 
sary for  the  equalization  of  taxation;  but  it  shall  not  increase 
such  valuations  of  the  property  of  any  individual  or  corpora- 
tion after  said  books  are  opened  for  correction  and  review, 
except  upon  notice  given  to  the  individual  or  corporation 
affected  by  such  increase  at  least  ten  days  before  the  fifteenth 
day  of  April  in  each  year. 

Power  of  the  board  to  remit  or  reduce  a  tax. 

§  897.  The  board  of  taxes  and  assessments  is  hereby  invested 
with  power  to  remit  where  in  the  opinion  of  the  corporation 
counsel  lawful  cause  therefor  is  shown.  It  may  reduce  if 
found  excessive,  a  tax  imposed  upon  real  or  personal  property. 
It  shall  require  a  majority  of  the  commissioners  of  taxes  and 
assessments  to  remit  or  reduce  the  assessed  valuation  of  per- 
sonal property,  and  no  tax  on  personal  property  shall  be  re- 
mitted, cancelled  or  reduced  unless  the  person  aggrieved  shall 
satisfy  the  board  of  taxes  and  assessments  that  illness  or 
absence  from  the  city  had  prevented  the  filing  of  the  com- 
plaint or  making  the  application  to  the  said  board  within  the 
time  allowed  by  law  for  the  correction  of  taxes.  Any  remis- 
sion or  reduction  of  taxes  upon  the  real  estate  of  individuals 
or  corporations  must  be  made  within  six  months  after  the 
delivery  of  the  books  to  the  receiver  of  taxes  for  the  collection 
of  such  tax. 

Applications  for  revision  and  cancellation  of  assessment  in  the  several 
boroughs;  when  and  how  made. 

§  898.  The  board  of  taxes  and  assessments  from  the 
whole  number  of  persons  appointed  as  deputy  tax  commission- 
ers shall  for  each  of  the  boroughs  wherein  one  of  the  ofBces 
of  the  department  of  taxes  and  assessments  is  established  and 
maintained  designate  one  or  more  deputy  tax  commissioners, 
who  shall,  between  the  second  Monday  of  January  in  each  year 
and  the  first  day  of  April  following,  receive  applica- 
tions for  the  revision  and  cancellation  of  any  assessments 
entered  in  the  books  of  annual  record  of  the  assessed  valuation 
of  real  and  personal  estate  in  that  borough,  take  testimony  on 
such  applications  and  reduce  the  same  to  writing,  and  when 
so  reduced  to  writing  transmit  such  applications  and  testimony, 
with  his  recommendation,  to  the  board  of  taxes  and  assess- 
ments at  their  main  office,  in  the  borough  of  Manhattan,  or  to 
any  ofifice  of  the  department  of  taxes  in  any  borough  as  the 


CHARTER  OF  NEW  YORK  CITY. 


383 


board  of  taxes  and  assessments  may  prescribe.  Such  deputy 
tax  commissioners  as  may  be  designated  for  the  purposes  and 
as  prescribed  in  this  section,  are  hereby  authorized  between  the 
second  Monday  of  January  and  the  first  day  of  April 
to  administer  oaths  for  the  purpose  of  taking  testimony  upon 
all  applications  for  the  revision  or  cancellation  of  assessments, 
and  they  are  hereby  required  and  directed  to  transmit  the 
evidence  so  taken  and  reduced  to  writing,  within  ten  days 
after  the  evidence  upon  any  application  is  taken,  with  their 
recommendation,  as  hereinbefore  described.  The  board  of 
taxes  and  assessments  shall  hear  at  their  main  office  all  appli- 
cations of  corporations  for  revision  and  cancellation  of  assess- 
ments; and  as  to  all  other  applications,  the  said  board  may 
prescribe  the  time  and  place  of  hearing  thereof  in  the  several 
boroughs  and  give  such  public  notice  thereof  in  the  City 
Record  and  in  at  least  one  newspaper  in  each  borough  as  they 
may  designate,  and  the  board  may  make  such  rules  and  regu- 
lations as  may  be  appropriate  and  expedient  to  the  end  that 
the  tax-payers  of  each  borough  other  than  corporations,  may 
have  a  hearing  in  the  borough  in  which  they  reside  or  in  which 
their  property  assessed  is  situated.  All  testimony  taken  by 
the  board  of  taxes  and  assessments  by  any  commissioner  or  by 
deputy  tax  commissioners  as  herein  prescribed,  shall  be  reduced 
to  writing  and  shall  constitute  part  of  the  record  of  the  pro- 
ceedings upon  any  assessment.  The  decision  of  the  board  of 
taxes  and  assessments,  upon  any  application  for  the  revision, 
reduction  or  cancellation  of  any  assessment  and  upon  the  evi- 
dence taken  thereunder,  shall,  where  the  evidence  is  taken  by 
the  board  of  taxes  and  assessments  be  rendered  within  thirty 
days  after  the  hearing  upon  such  application  is  closed,  and 
in  no  case  later  than  the  first  day  of  June.  And  where  the 
evidence  upon  any  application  is  taken  by  any  commissioner 
or  a  deputy  tax  commissioner,  the  determination  of  the 
board  of  taxes  and  assessments  shall  be  rendered  within 
thirty  days  after  tlie  application  and  the  testimony  thereunder 
shall  have  been  filed  with  the  board  of  taxes  and  assessments, 
at  the  main  office  of  the  department  in  the  borough  of  Manhat- 
tan, and  in  no  case  later  than  the  first  day  of  June. 

Deputy  tax  commissioners  to  make  up  aggregate  amount  of  assessed 
valuation  in  the  boroughs. 

§  899.  It  is  hereby  declared  to  be  the  duty  of  the  deputy 
tax  commissioners,  or  of  such  other  persons  as  may  have 
been  assigned  to  the  charge  and  direction  of  any  one  of  the 
offices  of  the  department  of  taxes  and  assessments  in  the 


384 


LAWS  OF  NEW  YORK. 


several  boroughs,  to  compute  from  the  annual  record  of  the 
assessed  valuations  of  real  and  personal  estate  in  each  of  the 
said  several  offices,  the  total  aggregate  amount  of  the  as- 
sessed valuation  of  real  and  personal  property  appearing  on 
said  books  for  each  of  the  said  boroughs  on  the  second  Mon- 
day of  January  in  any  year,  and  to  transmit  a  statement  of 
such  aggregate  amounts  of  assessed  valuations  of  real  and 
personal  property  in  the  said  several  boroughs  to  the  depart- 
ment of  taxes  and  assessments  at  their  main  office  in  the 
borough  of  Manhattan  on  or  before  the  second  Monday  of 
January  in  each  year.  The  board  of  taxes  and  assessments 
are  hereby  invested  with  the  power  and  charged  with  the 
duty  before  opening  the  books  for  the  public  inspection  as 
herein  prescribed,  to  fix  such  valuations  of  property  for  the 
purposes  of  taxation  throughout  The  City  of  New  York  at 
such  sums  as  will,  in  their  judgment,  establish  a  just  and 
equal  relation  between  the  valuations  of  property  in  each 
borough  and  throughout  the  entire  city.  To  this  end  the 
board  of  taxes  and  assessments  is  authorized  to  reqifire  the 
deputy  tax  commissioners  to  transmit  a  report  to  them  of 
the  assessed  valuation  of  real  and  personal  property  in  the 
several  boroughs  at  such  time  prior  to  the  second  Monday 
of  January  in  each  year  as  the  board  of  taxes  and  assess- 
ments may  prescribe. 

Comptroller  to  submit  to  board  of  aldermen  a  statement  showing 
the  amounts  necessary  to  be  raised. 

§  900.  It  shall  be  the  duty  of  the  comptroller  of  said  city 
to  prepare  and  submit  to  the  board  of  aldermen, 
at  least  four  weeks  before  its  annual  meeting  in 
each  and  every  year  for  the  purpose  of  imposing  the 
annual  taxes,  a  statement  setting  forth  the  amounts  by 
law  authorized  to  be  raised  by  tax  in  that  year,  on  account 
of  the  corporation  of  The  City  of  New  York,  as  hereby  con- 
stituted, or  for  city  purposes  within  said  city  as  created 
by  this  act,  and  purposes  for  which  said  city  is  liable,  and 
on  account  of  the  counties  of  New  York,  Kings,  Queens  and 
Richmond,  and  also  an  estimate  of  the  probable  amount 
of  receipts  into  the  city  treasury  during  the  then  current  year 
from  all  the  sources  of  revenue  of  the  general  funds,  including 
surplus  revenue  from  the  sinking  funds  of  the  mayor,  alder- 
men and  commonalty  of  the  city  of  New  York  and  of  any  of 
the  municipal  and  public  corporations,  or  parts  of  municipal 
and  public  corporations,  by  this  act  consolidated  with  the 


CHARTER  OF  NEW  YORK  CITY. 


385 


municipal  corporation  known  as  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York,  other  than  the  surplus  of 
revenues  of  any  such  sinking  funds  for  the  payment  of  interest 
on  the  city  debt  of  the  municipal  corporation  known  as  the 
maj^or,  aldermen  and  commonalty  of  the  city  of  New  York, 
or  the  like  debts  of  the  municipal  and  public  corporations  by 
this  act  consolidated  as  aforesaid,  and  the  said  board 
of  aldermen  is  hereby  authorized  and  directed  to 
deduct  the  total  amount  of  such  estimated  receipts 
from  the  aggregate  amount  of  all  the  various  sums  which, 
by  law,  they  are  required  to  order  and  cause  to  be  raised  by 
tax  in  said  year,  for  the  purposes  aforesaid,  and  to  cause  to 
be  raised  by  tax  only  the  balance  of  such  aggregate  amount 
after  making  such  deductions. 

How  county  charges  and  expenses  in  New  York,  Kings,  Queens  and 
Richmond  counties  are  to  be  paid. 

§  902.  In  the  statement  submitted  by  the  comptroller  to  the 
board  of  aldermen,  as  above  provided  in  this  chapter^  he  shall 
each  year  include  and  state  specifically  the  sum  or  sums  neces- 
sary to  be  raised  to  pay  during  the  current  year  the  salaries  of 
the  county  officers  and  the  other  county  charges  and  expenses 
in  the  counties  of  New  York,  Kings,  Queens  and  Richmond, 
respectively,  and  the  board  of  aldermen  is  hereby  authorized 
and  directed  to  levy  upon  and  collect  from  the  taxable  prop- 
erty within  each  of  said  counties,  respectively,  the  sum  or 
sums  so  necessary  to  be  raised  to  pay  the  salaries  of  county 
officers  and  other  county  charges  and  expenses  of  such 
county;  to  the  end  that  each  of  said  counties  shall  ultimately 
bear  and  pay  all  expenses  necessary  to  be  incurred  within  the 
county  for  county  as  distinguished  from  city  purposes. 

Permits  for  buildings,  etc.;  copies  to  be  sent  to  the  department  of 
taxes  and  assessments. 
§  903.  Whenever  any  permit  shall  be  granted  by  the 
proper  officer  of  the  city  government  as  created  by  this  act 
for  the  erection  of  any  building,  pier  or  bulkhead  within  said 
city,  a  copy  of  such  permit  shall  be  within  five  days  after  its 
issue  furnished  by  the  officer  granting  the  same  to  the  de- 
partment of  taxes  and  assessments. 

Exemptions. 

§  904.  The  exemption  from  taxation  of  every  building  for 
public  worship,  and  every  schoolhouse  or  other  seminary  of 
learning  under  the  provisions  of  section  four  of  the  tax  law, 


38G 


LAWS  OF  NEW  YORK. 


being  chapter  nine  hundred  and  eight  of  the  laws  of  eighteen 
hundred  and  ninety-six,  shali  not  apply  to  any  such  building 
or  premises  within  the  limits  of  The  City  of  New  York,  as 
defined  by  this  act,  unless  the  same  shall  be  exclusively  used 
for  such  purpose,  and  be  exclusively  the  property  of  a  re- 
ligious society. 

Exemptions,  continued. 

§  905.  Nothing  in  this  chapter  shall  affect  any  existing 
and  valid  exemptions  from  taxation  heretofore  created  by  law 
respecting  any  property,  real  or  personal,  within  the  limits  of 
The  City  of  New  York,  as  constituted  by  this  act. 

Certiorari  to  review  final  determination  of  the  department. 

§  906.  A  certiorari  to  review  or  correct  on  the  merits  any 
final  determination  of  the  board  of  taxes  and  assess- 
ments shall  be  allowed  by  the  supreme  court  or  any 
justice  thereof,  directed  to  the  commissioners  of  taxes 
and  assessments  on  the  verified  petition  of  the  party  ag- 
grieved, but  only  on  the  grounds  which  must  be  specified 
in  such  petition,  that  the  assessment  is  illegal,  and  giving 
the  particulars  of  the  alleged  illegahty,  or  is  erroneous 
by  reason  of  over  valuation,  or  in  case  of  real  estate, 
that  the  same  is  erroneous  by  reason  of  inequality,  in 
that  the  assessment  has  been  made  at  a  higher  pro- 
portionate valuation  than  the  assessment  of  other  real 
estate  of  like  character  in  the  same  ward  or  section  or  other 
real  estate  on  the  tax-rolls  of  the  city  for  the  same  year,  speci- 
fying the  instances  in  which  such  inequality  exists,  and  the 
extent  thereof,  and  stating  that  he  is  or  will  be  injured  thereby. 
Such  certiorari  and  all  proceedings  thereunder  may  be  had  and 
taken  in  the  judicial  district  where  such  real  estate  is  situated, 
and  may  be  begun  at  any  time  before  the  first  day  of  Novem- 
ber in  the  year  in  which  the  determination  sought  to  be  re- 
viewed or  corrected  has  been  made. 

When  assessment=roIIs  to  be  made  and  delivered  to  the  board  of 
aldermen. 

§  907.  Beginning  with  the  first  day  of  April  in  each 
year  the  board  of  taxes  and  assessments  shall  cause  to  be 
prepared  from  the  books  of  annual  record  of  assessed  valua- 
tions of  real  and  personal  estate  in  the  several  offices  of  the 
department  of  taxes  and  assessments  in  the  several  boroughs, 
assessment-rolls  for  each  of  said  several  boroughs,  and  shall 


CHARTER  OF  NEW  YORK  OITY. 


387 


as  soon  as  such  rolls  are  completed,  annex  to  each  of  said  rolls 
their  certificates  that  the  same  is  correct  in  accordance  with 
the  entries  in  said  several  books  of  record.  The  rolls  so  cer- 
tified must,  on  the  first  Monday  of  July  in  each 
year  be  delivered  by  the  board  of  taxes  and  assess- 
ments to  the  board  of  aldermen,  v/hich  shall  meet  at  noon  on 
that  day  at  the  city  hall,  or  usual  place  of  meeting,  in  the 
borough  of  Manhattan,  for  the  purpose  of  receiving  the  same, 
and  for  the  purpose  of  performing  such  other  duties  in  relation 
thereto  as  are  prescribed  by  law;  except  that  whenever  said 
first  Monday  in  July  shall  fall  on  a  legal  holiday,  said  rolls 
shall  be  delivered  by  said  board  of  taxes  and  assessments  on 
the  next  succeeding  day  thereafter  to  the  board  of 
aldermen,  which  shall  meet  at  noon  on  such  next 
succeeding  day,  at  the  place  and  in  the  manner  and  for  the 
purposes  hereinafter  specified.  In  the  event  of  the  board  of 
aldermen  failing  to  meet  to  receive  said  rolls,  the  same  may 
be  delivered  to  the  city  clerk  with  the  same  effect  as  if  deliv- 
ered to  the  board  of  aldermen. 

Meaning  of  the  words  *'  board  of  taxes  and  assessments  "  in  this 
chapter;  majority  clause. 

§  908.  Whenever  any  act  is  required  or  authorized  to  be 
done  or  any  determination  or  decision  made  by  the  board  of 
taxes  and  assessments,  or  any  other  body  or  board,  then  in  the 
absence  of  express  provision  to  the  contrary,  any  such  act,  if 
done,  or  any  such  determination  or  decision,  if  made  by  a 
majority  of  the  body  or  board  shall,  within  the  meaning  of  this 
act  be  held  to  be  the  act,  determination  or  decision  of  the  body 
or  board. 

Assessment=roIIs  to  remain  in  custody  of  board  of  aldermen. 

§  909.  The  tax  or  assessment-rolls,  when  finally  submit- 
ted to  the  1)oard  of  aldermen  on  the  first  Monday  of  July 
in  each  year,  shall  remain  in  its  custody,  but  the  president 
of  the  board  may,  by  written  permission,  permit  ac- 
cess to  them,  and  he  is  hereby,  in  the  name  of  the  board  of 
aldermen  and  as  its  act,  authorized  and  directed  to  cause  to 
be  properly  estimated  and  computed  the  taxes  annually  im- 
posed, and  cause  the  same  to  be  properly  set  down  or  extended 
in  the  several  assessment  rolls  or  tax  books,  as  required  by  the 
next  section.  It  shall  also  be  the  duty  of  said  president  to 
cause  the  items  of  said  taxes  to  be  carefully  added,  and  to  set 
down  the  amount  of  the  same  therein ;  and  when  completed  to 


LAWS  OF  NEW  YORK. 


deliver  the  tax  books  relating  to  real  estate  to  the  comptrol- 
ler, in  order  that  the  unpaid  water  rents  of  each  preceding 
year  may  be  entered  therein.  After  such  completion  of  the 
assessment-rolls  or  tax  books  it  shall  be  the  duty  of  the  city 
clerk  to  procure  the  proper  warrants  authorizing  and  re- 
quiring the  receiver  of  taxes  to  collect  the  several  sums 
therein  mentioned  according  to  law,  and  such  warrants  need 
be  signed  only  by  the  president  of  the  board  of  aldermen,  and 
countersigned  by  the  city  clerk,  and  immediately  thereafter 
the  president  of  the  board  of  aldermen  shall  deliver  the  said 
assessment-rolls,  with  the  warrants  aforesaid  annexed  thereto, 
to  the  receiver  of  taxes,  at  the  same  time  notifying  the  comp- 
troller of  the  amount  of  taxes  in  each  book,  in  order  that  he 
may  cause  the  proper  sum  to  be  charged  to  the  receiver  for 
collection. 

Id.;  duties  of  board  of  aldermen,  respecting. 

§  910.  At  such  annual  meeting  the  board  of  alder- 
men must  make  such  alterations  in  the  description 
of  real  property  belonging  to  non-residents  as  may  be 
necessary  to  render  such  descriptions  conformable  to  the  pro- 
visions of  law;  and  if  such  alterations  can  not  be  made,  they 
must  expunge  the  descriptions  of  such  real  property,  and  the 
assessment  thereon  from  the  assessment-rolls.  They  must 
also  estimate  and  set  down  in  a  fifth  column,  to  be  prepared 
for  that  purpose  in  the  assessment-rolls,  opposite  to  the  several 
sums  set  down  as  the  valuation  of  real  and  personal  property, 
the  respective  sums,  in  dollars  and  cents,  to  be  paid  as  a  tax 
thereon,  rejecting  the  fractions  of  a  cent.  They  must  also  add 
up  and  set  down  the  aggregate  valuations  of  the  real  and 
personal  property  in  the  several  boroughs  as  corrected  by 
them;  and  must  transmit  to  the  comptroller  of  this  state  by 
mail  a  certificate  of  such  aggregate  valuations,  showing  sepa- 
rately the  aggregate  amount  of  the  real  and  personal  property 
in  each  borough,  as  corrected  by  the  board  of  aldermen. 

Corrected  roll  to  be  delivered  to  receiver  of  taxes. 

§911.  They  must  also  cause  the  assessment-rolls  of  each 
borough,  when  corrected  according  to  law,  and  finally  com- 
pleted, or  a  fair  copy  thereof,  to  be  delivered  to  the  receiver 
of  taxes  in  and  for  the  city  on  or  before  the  fif- 
teenth day  of  September  thereafter,  with  the  proper 
warrant  or  warrants  annexed^   signed  by  the  president 


CHARTER  OF  NEW  YORK  CITY. 


389 


of  the  board  of  aldermen  and  countersigned  by  the 
city  clerk,  directing  and  requiring  him  to  collect  from 
the  several  persons  named  in  the  assessment-rolls  the  several 
sums  mentioned  in  the  last  column  of  such  roll,  opposite  to 
their  respective  names,  and  to  pay  the  same  from  time  to  time, 
when  so  collected,  to  the  chamberlain  of  the  city. 

Penalty  for  board  of  aldermen's  neglect. 

§  912.  If  the  board  of  aldermen  shall  wilfully  re- 
fuse or  neglect  to  perform  any  of  the  duties  required 
of  them  by  the  two  preceding  sections,  each  member  so  refus- 
ing or  neglecting  shall  forfeit  to  The  City  of  New  York  the 
sum  of  five  hundred  dollars,  to  be  recovered  in  a  civil  action; 
and  shall  also  be  punishable  for  a  misdemeanor,  and  upon 
conviction  thereof,  shall  forfeit  his  ofKce. 

Where  taxes  due  and  payable. 

§  913.  The  receiver  of  taxes  upon  receiving  the  assessment 
rolls  and  warrants  shall  immediately  cause  the  assessment  rolls 
and  warrants  for  each  of  the  several  boroughs  wherein  he 
shall  have  an  office,  to  be  delivered  at  and  filed  in  such  offi.ce, 
and  shall  thereafter  proceed  to  collect  and  receive  said  taxes 
from  the  several  individuals  and  corporations  assessed  in  the 
said  assessment-rolls  in  the  manner  hereinafter  prescribed. 

Receiver  of  taxes  to  give  public  notice. 

§  914.  The  receiver  of  taxes  shall,  immediately  after  he  shall 
have  received  the  assessment-rolls,  give  public  notice  for 
at  least  five  days  in  the  City  Record  and  in  such  newspaper  or 
newspapers  published  in  the  several  boroughs  as  may  be 
designated  by  the  board  of  city  record,  or  in  default  of  any 
newspaper  being  published  in  any  borough,  in  such  newspaper 
or  newspapers  having  a  general  circulation  in  such  borough 
as  the  board  of  city  record  shall  direct,  that  said  assessment- 
rolls  have  been  delivered  to  him  and  that  all  taxes  shall  be  due 
and  payable  at  his  office  in  the  said  respective  boroughs  on  the 
first  Monday  in  October,  and  that  in  case  of  payment  before 
the  first  day  of  November  thereafter  the  persons  so  paying 
shall  be  entitled  to  the  benefits  mentioned  in  the  next  section. 
All  taxes  shall  be  and  become  liens  on  the  real  estate  afifected 
thereby  on  the  day  when  they  become  due  and  payable  as 
a1)ove  provided  and  shall  remain  such  liens  until  paid. 


390 


LAWS  OF  NEW  YORK. 


Rebate  for  prompt  payment. 

§  915.  If  any  person  who  shall  be  assessed  m  any  of  the 
said  assessment  rolls  shall  pay  the  amount  of  4iis  taxes 
before  the  first  day  of  November,  succeeding  the  delivery  of 
the  said  assessment  rolls  and  warrants  to  the  said  receiver,  it 
shall  be  the  duty  of  the  receiver  or  any  of  his  deputies  to 
receive  the  same,  and  to  deduct  therefrom  interest,  at  the  rate 
of  six  per  centum  per  annum,  between  the  day  of  such  payment 
and  the  first  day  of  December  then  next  succeeding. 

Interest  on  unpaid  taxes. 

§  916.  If  any  such  tax  shall  remain  unpaid  on  the  said  first 
day  of  December,  it  shall  be  the  duty  of  the  receiver  of  taxes 
to  charge,  receive,  and  collect  upon  such  tax  so  remaining 
unpaid  on  that  day,  in  addition  to  the  amount  of  such  tax,  one 
per  centum  on  the  amount  thereof,  and  to  charge,  receive  and 
collect  upon  such  tax  so  remaining  unpaid  on  the  first  day  of 
January  thereafter,  interest  upon  the  amount  thereof,  at  the 
rate  of  seven  per  centum  per  annum,  to  be  calcu- 
lated from  the  day  on  which  said  taxes  became  due  and 
payable,  as  provided  by  section  nine  hundred  and  fourteen  of 
this  act,  to  the  date  of  payment;  and  such  increase  or  percent- 
age shall  be  paid  over  and  accounted  for  by  such  receiver  from 
time  to  time,  as  a  part  of  the  tax  collected  by  him. 

Id.;  continued. 

§  917.  It  shall  be  the  duty  of  the  said  receiver,  In  person 
or  by  his  deputies,  to  charge,  collect,  and  receive  upon  all  taxes 
remaining  unpaid  on  and  after  the  said  first  day  of  January, 
interest  at  a  rate  of  seven  per  centum  per  annum,  to  be  calcu- 
lated from  the  day  on  which  the  said  taxes  became  due  and 
payable  as  provided  by  section  nine  hundred  and  fourteen  of 
this  act. 

Duty  of  receiver  where  taxes  remain  unpaid  on  the  first  of  November 
following  the  delivery  of  assessments  and  warrants. 

§  918.  If  any  taxes  of  any  year  shall  remain  unpaid  on 
the  first  day  of  November  next  after  the  assessments  and  war- 
rants to  collect  such  taxes  have  been  delivered  to  the  receiver 
of  taxes  at  his  office  in  the  borough  of  Manhattan,  it  shall  be 
the  duty  of  the  receiver  to  give  notice  by  advertisement  for  at 
least  ten  days  in  the  City  Record,  and  in  such  daily  paper  hav- 
ing a  general  circulation  in  any  borough  as  the  board  of 
city  record  shall  designate,  that  unless  the  same  shall  be  paid 


CHAUTEU  OF  NEW  YORK  CITY. 


391 


to  him  at  his  office  before  the  first  clay  of  December,  in  any 
such  year,  he  will  immediately  thereafter  proceed  to  collect 
such  unpaid  taxes  as  provided  herein. 

Public  notice  to  be  given  by  receiver  after  December  first  in  each  year. 

§  919.  The  receiver  of  taxes  shall  immediately  after  the 
first  day  of  December,  in  each  year,  give  public  notice  in  the 
City  Record,  and  in  such  daily  paper  having  a  gen- 
eral circulation  in  any  borough  as  the  board  of  city 
record  may  designate,  at  least  ten  days^  notifying 
all  persons  or  corporations  who  have  omitted  10  pay  their  taxes 
to  pay  the  same  to  him  at  his  office  in  the  borough  of  Manhat- 
tan or  to  his  several  deputies  in  the  several  boroughs. 

Undivided  parts  of  taxes;  payment  of. 

§  920.  If  a  sum  of  money  in  gross  has  been  or  shall  be  taxed 
upon  any  lands  or  premises,  any  person  or  persons  claiming 
any  divided  or  undivided  part  thereof  may  pay  such  part  of 
the  sum  of  money  so  taxed,  also  of  the  interest  and  charges 
due  or  charged  thereon,  as  the  said  comptroller  may  deem  to 
be  just  and  equitable ;  and  the  remainder  of  the  sum  of  money 
so  taxed,  together  with  the  interest  and  charges,  shall  be  a  lien 
upon  the  residue  of  the  land  and  premises  only,  which  residue 
may  be  sold  to  satisfy  the  residue  of  such  tax,  interest  or 
charges,  in  the  same  manner  as  though  the  residue  of  said  tax 
had  been  imposed  upon  the  residue  of  said  lands  or  premises. 

Corporations,  tax  for;  how  collected. 

§  921.  The  said  receiver  of  taxes  shall  proceed  in  enforcing 
the  collection  and  payment  of  taxes  against  corporations  or 
associations  and  their  officers  and  directors,  or  trustees,  in  the 
same  manner  as  against  individuals;  such  taxes  shall  be  paid 
out  of  the  funds  of  the  company  and  shall  be  ratably  deducted 
from  the  dividends  of  those  stockholders  whose  stock  was 
taxed,  or  shall  be  charged  upon  such  stock,  if  no  dividends  be 
afterward  declared. 

Daily  statement  of  taxes  received  to  be  rendered  to  chamberlain. 

§  922.  The  receiver  of  taxes  shall  enter  into  suitable  books, 
to  be  kept  by  him  for  that  purpose,  the  sums  received  by  him 
for  taxes,  and  at  the  expiration  of  the  office  hours-  for  each 
day,  and  before  three  o'clock  thereof,  shall  render  a  statement 
of  the  same  to  the  chamberlain  and  at  the  same  time  on  each 
day  pay  over  to  said  chamberlain  the  amount  received  on  such 


392 


LAWS  OF  NEW  YORK. 


day ;  he  shall  also  thereupon  receive  from  the  said  chamberlain 
a  voucher  for  the  payment  of  such  sums,  which  he  shall  forth- 
with, on  the  same  day,  exhibit  to  the  comptroller  of  the  said 
city.  But  the  duty  by  this  section  imposed  may,  in  respect  to 
the  borough  of  Brooklyn,  be  discharged  by  the  deputy  receiver 
of  taxes  and  the  deputy  chamberlain  located  in  the  borough  of 
Brooklyn,  and  likewise  by  similar  deputy  officers  for  the  bor- 
ough of  The  Bronx,  the  borough  of  Queens,  and  the  borough 
of  Richmond. 

Receiver's  account  of  taxes  received;  how  to  be  kept. 

§  923.  It  shall  be  the  duty  of  the  receiver,  and  of  deputy 
receivers,  from  time  to  time  to  enter  in  a  column  to  be  made 
for  that  purpose,  upon  the  assessment-rolls  in  his  possession, 
opposite  to  the  names  of  the  persons  mentioned  therein,  and 
who  shall  pay  their  tax,  as  aforesaid,  to  the  receiver  of  taxes, 
personally  or  by  deputy,  the  fact  of  such  payment,  the  amount 
thereof,  and  the  day  when  paid,  and  to  enter  into  suitable 
books,  to  be  kept  for  that  purpose,  on  each  day  such  payment 
and  the  names  of  the  parties  respectively  on  whose  account 
the  same  were  paid ;  and  at  the  expiration  of  the  office  hours, 
and  on  the  same  day,  he  shall  furnish  to  the  comptroller  of 
the  said  city,  personally  or  by  deputy,  a  detailed  statement  of 
such  sums  of  the  borough  for  which  received,  and  the  names 
of  the  parties  respectively  on  whose  account  the  same  have 
been  paid,  which  shall  be  filed  by  the  said  comptroller  in  his 
office.  The  comptroller  shall,  on  each  day,  immediately  after 
receiving  from  said  receiver  or  deputy  the  statement,  compare 
the  same  with  a  voucher  furnished  to  him  by  the  chamberlain 
for  the  payment  thereof  to  the  chamberlain,  and  if  the  aggre- 
gate amounts  thereof  shall  correspond,  shall  credit  the  said 
receiver  of  taxes  in  his  books  with  such  amount 

Penalty  for  failure  to  report  to  chamberlain. 

§  924.  If  the  receiver  of  taxes,  or  any  deputy  receiver  shall 
on  any  day,  omit  or  neglect  to  furnish  to  the  chamberlain  or 
to  the  comptroller,  respectively,  the  statements  and  vouchers 
required  by  law,  or  to  make  the  daily  payments  hereinbefore 
prescribed,  it  shall  be  the  duty  of  the  comptroller  forthwith  to 
suspend  from  office  the  party  delinquent.  In  case  of  such  sus- 
pension, the  comptroller  shall  appoint  a  suitable  person  to  per- 
form the  duties  of  the  officer  so  suspended,  who  shall  continue 
to  act  as  such  officer,  with  all  the  powers  conferred  upon  him 
by  this  title,  until  the  parties  suspended  shall  be  restored,  or 


CHARTER  OF  NEW  YORK  OITY. 


893 


another  person  shall  have  been  appointed.  On  making  such 
temporary  appointment,  the  comptroller  shall  be  required  to 
take  from  the  party  so  appointed  a  bond,  with  two  sufficient 
sureties,  to  be  approved  by  the  chamberlain,  and  filed  with  the 
said  comptroller,  in  such  penal  sum  as  the  said  chamberlain 
may  deem  just,  conditioned  for  the  faithful  performance  of 
the  duties  of  the  office  during  the  continuance  of  the  person 
so  appointed  therein*;  and  all  the  provisions  of  this  title  pre- 
scribing the  duties  of  the  receiver  of  taxes,  and  the  deputy 
receiver,  shall  apply  to  the  person  or  persons  so  appointed  in 
their  stead  by  the  comptroller. 

Provision  in  case  of  sickness. 

§  925.  In  case  of  inability  of  the  receiver  to  perform  the 
duties  of  his  office  by  reason  of  sickness  or  absence  from  the 
city,  the  comptroller  shall  designate  some  suitable  person  to 
perform  the  duties  of  his  office  during  such  inability  or  absence, 
and  shall,  in  his  discretion,  take  from  such  person  a  bond,  with 
sufficient  sureties,  in  the  manner  prescribed  in  the  preceding 
section. 

Collection  of  unpaid  personal  tax  by  distress  and  sale. 

§  926.  It  shall  be  lawful  for  the  said  receiver,  if  any  tax 
for  personal  property  and  the  interest  thereon,  as  hereinbefore 
provided,  shall  remain  unpaid  on  the  fifteenth  day  of  the  month 
of  January,  succeeding  the  receipt  by  him  of  the  rolls,  to  issue 
his  warrant  under  his  hand  and  seal  directed  to  any  marshal 
commanding  him  to  levy  the  said  tax,  with  interest  thereon  at 
the  rate  of  seven  per  centum  per  annum  from  the  day 
on  which  said  taxes  became  due  and  payable  as  pro- 
vided by  section  nine  hundred  and  fourteen  of  this  act  to  the 
time  when  the  same  shall  be  paid  by  distress  and  sale  of  the 
goods  and  chattels  of  the  person  against  whom  the  said  war- 
rant shall  be  issued,  or  of  any  goods  and  chattels  in  his 
or  her  possession,  wheresoever  the  same  shall  be  found 
within  the  said  city,  and  to  pay  the  same  to  the 
said  receiver  and  return  such  warrant  within  thirty 
days  after  the  date  thereof.  For  the  purposes  of  this 
section  the  jurisdiction  of  the  marshal  is  co-extensive  with  The 
City  of  New  York.  The  comptroller  of  The  City  of  New  York, 
however,  may  from  time  to  time  as  may  be  necessary  to  insure 
prompt  collection  of  said  tax,  extend  or  renew  such  warrant, 
but  no  single  extension  or  renewal  thereof  shall  in  any  event 
exceed  sixty  days. 


394 


LAWS  OF  NEW  YOKK. 


Id.;  may  add  costs  of  distress  and  sale. 

§  927.  In  all  cases  where  the  said  receiver  shall  proceed 
by  distress  and  sale  of  the  goods  and  chattels  of  any  person 
for  the  payment  of  any  tax  due  and  payable,  it  shall  be  lawful 
for  him  to  authorize  and  empower  the  officer  making  such 
distress  and  sale  to  collect,  in  addition  to  the  tax  and  the 
interest  thereon,  the  costs  of  such  distress  and  sale,  which 
costs  shall  be  in  addition  to  any  disbursements  five  cents  for 
every  dollar  collected  to  the  amount  of  one  hundred  dollars, 
and  two  and  one -half  cents  for  every  dollar  collected  over 
one  hundred  dollars. 

Id.;  sale  to  be  advertised, 

§  928.  The  marshal  to  whom  a  warrant  for  the  collection  of 
any  tax  is  issued  shall  give  public  notice  at  the  time  and  place 
of  sale  of  any  property  distrained  by  virtue  thereof,  and  of 
the  property  to  be  sold,  at  least  six  days  previous  to  the  sale, 
by  advertisements  to  be  posted  up  in  at  least  three  public 
places  in  the  ward  where  such  sale  shall  be  made.  The  sale 
shall  be  by  public  auction. 

Id.;  disposition  of  surplus. 

§  929.  If  the  property  distrained  shall  be  sold  for  more 
than  the  amount  of  the  tax,  the  surplus  shall  be  returned  to 
the  person  in  whose  possession  such  property  was  when  the 
distress  was  made,  if  no  claim  be  made  to  such  surplus  by  any 
other  person.  If  any  other  person  shall  claim  such  surplus, 
on  the  ground  that  the  property  sold  belonged  to  him,  and 
such  claim  be  admitted  by  the  person  for  whose  tax  the  same 
was  distrained,  the  surplus  shall  be  paid  to  such  owner;  but  if 
such  claim  be  contested  by  the  person  for  whose  tax  the 
property  was  distrained,  the  surplus  moneys  shall  be  retained 
by  the  said  marshal  until  the  rights  of  the  parties  shall  be 
judicially  determined. 

Id.;  cases  to  be  sent  to  corporation  counsel. 

§  932.  It  shall  be  the  duty  of  the  receiver  of  taxes  to  send 
or  cause  to  be  sent  to  the  corporation  counsel,  monthly,  all 
cases  of  personal  taxes  embraced  in  the  assessment  rolls, 
when  the  assessment  is  one  thousand  dollars  or  more,  and 
upon  which  a  warrant  to  any  of  the  marshals  of  said  city  has 
been  issued  and  unsatisfied  for  a  period  of  sixty  days,  or  re- 
turned unsatisfied  in  whole  or  part,  and  of  all  other  cases  of 
personal  taxes,  except  in  those  cases  where  the  eomptrollex 


CHARTER  OF  NEW  YORK  CITY. 


395 


may  extend  the  warrant,  when  appUcation  to  any  court  may 
be  made  for  the  collection  of  the  tax,  and  the  said  counsel 
is  authorized  to  make  requisitions  upon  the  said  receiver  for 
all  such  cases. 

Id.;  duties  of  corporation  counsel. 

§  933-  The  corporation  counsel  shall  be  charged  with  the 
prosecution  of  all  suits  or  proceedings,  in  any  court  having 
jurisdiction,  for  the  collection  of  all  cases  of  persona?  taxes 
sent  to  him  by  the  receiver  of  taxes,  or  where,  by  any  law  of 
this  state,  any  suit  or  proceeding  may  be  instituted  by  such 
receiver,  or  any  marshal  acting  under  a  tax  warrant,  in  any 
court  for  the  collection  of  any  tax  or  personal  property,  and 
shall,  subject  to  such  control,  act  as  counsel  to  the  receiver 
of  taxes,  and  to  any  marshal  acting  under  the  warrant  of 
said  receiver  in  the  collection  of  any  tax  for  personal  prop- 
erty. 

Court  to  dismiss  proceedings  if  satisfied  that  taxes  on  personal  prop- 
erty cannot  be  paid. 

§  934.  The  court  in  which  any  proceeding  may  be  com- 
menced to  enforce  the  payment  of  any  tax  for  personal  prop- 
erty, may  dismiss  the  proceedings  absolutely  without  costs, 
or  conditionally,  upon  the  payment  of  costs,  or  may,  on  the 
facts,  in  its  discretion,  dismiss  such  proceedings  on  the  pay- 
ment of  such  part  of  the  tax  and  costs  as  shall  be  just,  in  any 
case  where  it  shall  be  satisfied  that  the  person  or  persons 
taxed  are  unable,  for  want  of  property,  or  other  reason  to 
pay  any  tax.  In  cases  where  any  proceedings  shall  be  dis- 
missed under  this  section,  on  payment  of  a  portion  of  the 
tax,  a  copy  of  the  order  of  the  court  shall  be  filed  with  the 
receiver  of  taxes,  and  a  note  of  the  contents  of  such  order 
entered  upon  the  assessment-roll,  and  it  shall  be  the  duty  of 
said  counsel  to  report  all  cases  dismissed  on  account  of  the 
inability  of  the  person  to  pay  the  tax  to  the  commissioner  of 
taxes  and  assessments,  annually,  on  the  thirty-first  day  of 
December  in  each  year;  and  said  commissioner  is  hereby 
authorized  to  strike  the  names  of  all  such  persons  from  the 
assessment-rolls  for  the  succeeding  year. 

Counsel  to  keep  register,  etc. 

§  935-  'I'he  corporation  counsel  shall  keep,  in  proper  books 
to  be  provided  by  the  corporation  of  said  city  for  that  pur- 
pose, a  register  of  all  actions  or  proceedings  prosecuted,  and 


LAWS  OF  NEW  YORK. 


upon  the  expiration  of  his  term  of  office,  or  his  resignation 
thereof  or  removal  therefrom,  the  corporation  counsel  shall 
deliver  to  his  successor  in  office  all  books  and  papers  in  his 
hands  belonging  to  his  office,  or  delivered  to  him  by  the 
receiver  of  taxes,  or  any  marshal  of  said  city,  and  in  any  way 
connected  with  his  office,  or  any  business  pertaining  thereto. 
The  said  counsel  or  any  marshal  shall  pay  over,  under  oath, 
to  the  receiver  of  taxes  of  said  city,  monthly,  or  oftener,  if 
required,  all  taxes  collected  by  him. 

Receiver;  when  may  sue  for  personal  taxes. 

§  936.  Any  tax  duly  imposed  for  personal  property  upon 
any  person  or  corporation  in  The  City  of  New  York,  which 
shall  remain  unpaid  and  in  arrears  on  the  fifteenth  day  of 
January  succeeding  the  year  in  which  it  shall  have  been  im- 
posed, may  be  recovered  with  interest  and  costs,  by  the  re- 
ceiver of  taxes  of  said  city  in  the  name  of  the  city,  in  an 
action  in  any  court  of  record  in  this  state. 

Unpaid  taxes  and  assessments,  levied  prior  to  January  first,  eighteen 
hundred  and  ninety=eight;  special  provision. 

§  937.  All  taxes,  assessments  and  water  rates  levied 
before  the  first  day  of  January,  eighteen  hundred  and  ninety- 
eight,  by  lawful  authority,  in  any  of  the  municipal  and  public 
corporations  hereby  consolidated,  including  the  counties  of 
Kings  and  Richmond,  and  that  part  of  the  county  of  Queens 
included  within  The  City  of  New  York,  as  hereby  con- 
stituted, and  which  shall  remain  due  and  unpaid  and  have  or 
may  become  arrears  of  taxes,  assessments  or  water  rates  as 
provided  by  the  laws  relating  to  either  of  the  municipal  and 
public  corporations  hereby  consolidated,  shall  become 
and  be  due  and  payable  to  and  collectible  by  said  city,  and  all 
tax  and  assessment  lists  relating  to  said  unpaid  taxes,  assess- 
ments and  water  rates  in  the  possession  of  any  officer  of  any 
of  said  municipal  and  public  corporations  and  counties  hereby 
consolidated,  shall  be  transmitted  to  and  deposited  with  the 
comptroller  or  his  duly  authorized  representative.  All 
such  lists  shall  thereupon  be  transmitted  by  the  comptroller 
to  the  collector  of  assessments  and  arrears,  to  be  collected  by 
him,  or  by  one  of  his  deputies,  by  suit  or  under  and  pursuant 
to  the  laws  in  force  when  the  said  taxes,  assessments  and  water 
rates  were  levied  or  in  force  on  December  thirty-first,  eighteen 
hundred  and  ninety-seven.  Such  collections,  including  all 
sales  of  property  for  said  arrears  of  taxes,  water  rates  and 


CHARTER  OF  NEW  YORK  OITY.  397 


assessments  and  the  preparation  and  publication  of  the  lists  of 
parcels  of  land  upon  which  any  taxes,  assessments  or  water 
rates  have  been  returned  unpaid,  shall  be  held  and  completed 
under  and  pursuant  to  the  provisions  of  the  laws  in  force  at 
the  time  said  taxes  were  levied  or  in  force  on  the  thirty-first 
day  of  December,  eighteen  hundred  and  ninety-seven,  pro- 
vided, however,  that  any  restriction  as  to  time  of  publication 
and  sale  in  said  laws  shall  not  be  held  to  be  a  limitation  on 
the  right  to  sell  such  lands  for  unpaid  taxes,  and  such 
sales  may  be  made  at  any  time;  and  provided  further 
that  in  the  borough  of  Brooklyn,  the  collector  of  assess- 
ments and  arrears,  or  his  deputy,  shall  not  be  confined  to  the 
month  of  December  for  the  preparation  of  said  list. 

TITLE  2. 

Assessments  for  Local  Improvements  Other  than  Those  Con- 
firmed by  a  Court  of  Record. 

Assessment;  term,  how  construed. 

§  942.  The  word  assessment,  wherever  used  in  this  title  and 
in  the  next  succeeding  one,  shall  be  construed  to  mean  an 
assessment  for  any  local  improvement  which  may  be  lawfully 
confirmed  in  any  other  manner  than  by  a  court  of  record. 

Mayor  to  appoint  a  board  of  assessors;  salary;  subordinates. 

§  943.  The  mayor  shall  appoint  three  persons,  who 
shall  constitute  the  board  of  assessors.  The  salary  of  each 
member  of  said  board  shall  be  three  thousand  dollars  a  year. 
The  said  board  shall  be  charged  with  the  duty  of  making  all 
assessments,  other  than  those  required  by  law  to  be  confirmed 
by  a  court  of  record,  for  local  improvements  for  which  assess- 
ments may  be  legally  imposed  in  any  part  of  The  City  of  New 
York  as  hereby  constituted.  The  said  board  shall  appoint  a 
secretary  and  such  clerks  and  subordinates  as  may  be  neces- 
sary. 

The  board  of  revision  of  assessments. 

§  944-  The  comptroller,  corporation  counsel  and  president 
of  the  department  of  taxes  and  assessments  shall  con- 
stitute the  board  of  revision  of  assessments.  The 
said  board,  or  a  majority  thereof,  shall  have  and 
perform  all  the  powers  and  duties  relative  to  the  revision,  cor- 
rection and  confirmation  of  assessments  specified  in  the  various 


398 


LAWS  OF  NEW  YORK. 


laws  and  ordinances  relating  to  assessments  in  any  part  of  The 
City  of  New  York,  as  hereby  constituted,  other  than  assess- 
ments made  by  commissioners  appointed  by  a  court  of  record, 
and  other  than  those  confirmed  by  the  board  of  assessors ;  said 
board  shall  have  power  to  consider,  on  the  merits,  all  objec- 
tions made  to  any  such  assessment,  and  to  subpcena  and  exam- 
ine witnesses  in  relation  thereto,  and  to  confirm  said  assess- 
ment, or  to  refer  the  same  back  to  the  board  of  assessors  for 
revisal  and  correction  in  such  respects  as  it  may  determine. 
The  revision  of  such  assessments  shall  be  made  without  delay, 
so  that  unless  the  same  are  referred  back  for  revisal  and  cor- 
rection they  shall  be  confirmed  within  thirty  days  from  the 
time  they  shall,  respectively,  be  presented  for  confirmation,  and 
if  not  so  confirmed  or  referred  back  they  shall  be  deemed  to 
be  confirmed  at  the  expiration  of  thirty  days  from  the  time 
they  shall  be,  respectively,  so  presented  for  confirmation.  All 
such  assessments,  immediately  upon  confirmation,  shall  be 
transmitted  to  the  comptroller  for  entry  and  collection. 

Powers  of  the  two  boards. 

§  945.  In  addition  to  the  powers  herein  specifically  conferred 
upon  the  board  of  assessors  and  the  board  of  revision,  the  said 
boards  shall  have  and  exercise,  as  to  the  whole  territory  em- 
braced in  The  City  of  New  York,  each  and  every  power  and 
authority  conferred  upon  and  exercised  by  the  board  of  assess- 
ors, and  the  board  of  revision  and  correction  of  assessments, 
respectively,  of  the  corporation  heretofore  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New  York. 

Certificates  on  which  assessments  are  made. 

§  946.  All  assessments  shall  be  made  by  the  board  of  assess- 
ors on  the  following  certificates,  to  wit : 

1.  The  officer  or  head  of  the  board  or  department  charged 
with  the  execution  of  the  work  in  question,  shall  certify  to  the 
board  of  assessors  the  total  amount  of  all  the  expenses  which 
shall  have  been  actually  incurred  by  The  City  of  New  York 
on  account  thereof. 

2.  The  comptroller  shall  certify  to  the  board  of  assessors  the 
amount  of  the  interest,  at  the  legal  rate,  upon  the  several  instal- 
ments advanced  or  payments  made  on  account  of  such  work, 
from  the  time  of  such  payment  or  advance,  by  the  city,  to  a 
day  sixty  days  after  the  date  of  such  certificate.  Thereafter 
the  board  of  assessors  shall  assess  upon  the  property  benefited, 
in  the  manner  authorized  by  law,  the  aggregate  amount  of 


CHARTER  OF  NEW  YORK  CITY. 


399 


such  certificates,  or  such  proportion  thereof  as  is  authorized 
by  law,  and  the  said  board  shall  not  in  any  way  be  enjoined, 
restrained,  hindered  or  delayed  in  the  performance  of  this  duty, 
provided  that  nothing  contained  in  this  section  shall  be  con- 
strued to  affect  the  powers  of  the  board  of  revision  of  assess- 
ments. 

Assessment  not  to  exceed  one=half  the  valuation. 

§  947.  The  assessors  shall  in  no  case  assess  any  house  or 
lot,  improved  or  unimproved  lands,  more  than  one-half  the  fair 
value  of  such  house,  lot,  improved  or  unimproved  lands. 

Assessment  for  repaying;  when  forbidden. 

§  948.  Unless  it  shall  be  petitioned  for  by  a  majority  of  the 
owners  of  the  property,  on  the  line  of  the  proposed  improve- 
ment, no  assessment  shall  be  imposed  for  the  paving  of  any 
street,  or  any  portion  thereof,  which  has  been  once  paved,  and 
the  expense  thereof  paid  by  the  owners  of  the  adjoining  prop- 
erty; provided,  however,  that  nothing  herein  contained  shall 
be  construed  to  relieve  or  release  the  owners  of  property, 
grantees  of  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  of  or  from  any  covenants  to  pave  or  repave  or 
otherwise  physically  improve  such  streets. 

How  property  shall  be  described  by  the  assessors. 

§  949.  In  all  cases  the  assessors  shall  describe  in  the  assess- 
ment the  property  assessed  by  the  same  ward  or  block  numbers, 
or  other  designations  as  shall  be  used  to  designate  the  said 
property  on  the  tax  books  of  The  City  of  New  York.  They 
shall  also  describe  the  houses  and  lots  assessed  by  their  street 
numbers,  if  any.  The  assessors  shall  also  state  the  name  of  the 
owner  or  owners  and  occupant  or  occupants,  if  they  be  known 
to  the  assessors,  and  it  shall  be  their  duty  to  ascertain,  as  far 
as  may  be,  by  inquiry  from  the  commissioners  of  taxes  and 
assessments  or  others,  such  ownership  and  occupation,  and 
such  commissioners  shall  afford  the  requisite  information. 

Notice  of  completion  of  assessments  to  be  given. 

§  950.  It  shall  be  the  duty  of  the  board  of  assessors,  when 
it  has  completed  any  proposed  assessment,  to  give  notice  of 
the  fact  and  that  it  is  proposed  to  lay  the  same  to  the  owner 
or  owners;  such  notice  shall  be  published  daily  in  the  City 
Record  and  the  corporation  newspapers  for  at  least  ten  days 
successively.    The  notice  shall  describe  the  limits  within  which 


400 


LAWS  OF  NEW  YORK. 


it  is  proposed  to  lay  the  said  assessment,  and  shall  contain  a 
request  for  all  persons  whose  interests  may  be  affected  thereby, 
and  who  may  be  opposed  to  the  same,  to  present  their  objec- 
tions in  writing,  to  the  secretary  of  the  board  of  assessors 
within  thirty  days  from  the  date  of  such  notice,  and  specifying 
a  time  and  place  after  the  expiration  of  the  said  thirty  days 
when  and  where  the  said  objections  will  be  heard  and  testimony 
received  in  reference  thereto.  If  after  hearing  and  examining 
such  objections  and  testimony,  the  assessors  shall  not  deem  it 
proper  to  alter  their  assessment,  or  having  altered  it  there  shall 
still  be  objections  to  the  same,  it  shall  be  their  duty  to  present 
such  objections  with  the  proposed  assessment  to  the  board  of 
revision  of  assessments.  If  no  objections  shall  be  received, 
or  if  the  board  of  assessors  shall  alter  the  assessment  so  as  to 
satisfy  the  objectors,  said  board  shall  forthwith  declare  the 
said  assessment  confirmed,  and  shall  transmit  the  same  to  the 
comptroller  for  entry  and  collection.  An  assessment  so  con- 
firmed shall  be  of  the  same  force  and  effect  as  if  confirmed  by 
the  board  of  revision  of  assessments. 

Award  of  damages  for  changes  of  grade;  liability  in  such  cases. 

§  951.  All  cases  where  a  change  of  grade  of  any  street  or 
avenue  has  been  made  prior  to  the  taking  effect  of  this  act, 
shall,  as  to  the  Habihty  to  make  compensation  for  damages 
caused  by  such  change  of  grade,  be  governed  by  the  laws  in 
force  at  the  time  such  change  of  grade  was  made.  After  the 
taking  effect  of  this  act  there  shall  be  no  liability  to  abutting 
owners  for  originally  establishing  a  grade;  nor  any  Hability 
for  changing  a  grade  once  established  by  lawful  authority, 
except  where  the  owner  of  the  abutting  property  has  subse- 
quently to  such  estabHshment  of  grade  built  upon  or  other- 
wise improved  the  property  in  conformity  with  such  estab- 
lished grade,  and  such  grade  is  changed  after  such  buildings 
or  improvements  have  been  made.  In  such  cases  damages 
occasioned  by  such  change  of  grade  to  such  buildings  and 
improvements  shall  be  ascertained  and  assessed  in  connection 
with  and  as  a  part  of  the  expenses  of  grading  or  otherwise 
improving  the  street  or  avenue  in  conformity  with  the  grade 
as  changed.  A  grade  shall  be  deemed  established  by  lawful 
authority  within  the  meaning  of  this  section  where  it  was 
originally  adopted  by  the  action  of  the  public  authorities,  or 
where  the  street  or  avenue  has  been  used  by  the  public  as  of 
right  for  twenty  years  and  been  improved  by  the  public 
authority  at  the  expense  of  the  public  or  of  the  abutting 


CHARTER  OF  KEW  YORK  CITY. 


401 


owners.  All  laws  inconsistent  herewith  are  hereby  repealed, 
in  case  the  grade  of  any  such  street  shall  be  changed,  and 
the  same  shall  have  been  regulated  and  graded  according  to 
the  new  grade,  after  the  certificate  of  the  cost  oi 
such  regulating  and  grading  shall  have  been  received 
by  the  board  of  assessors,  it  shall  be  the  duty  of  the  said 
board  to  cause  to  be  published  in  the  City  Record  "  and  the 
corporation  newspapers,  for  at  least  ten  days  successively,  a 
notice  which  shall  contain  a  request  for  all  persons  claiming 
to  have  been  injured  by  the  said  change  of  grade  to  present, 
in  writing,  to  the  secretary  of  the  board  of  assessors,  their 
claims,  specifying  a  place  where  and  a  time  when  the  said 
board  will  receive  evidence  and  testimony  of  the  nature  and 
extent  of  such  injury.  After  hearing  and  considering  the 
said  testimony  and  evidence  the  board  of  assessors  shall 
make  such  awards  for  such  loss  and  damage,  if  any,  as  it  may 
deem  proper.  The  amount  of  the  said  awards  shall  be  in- 
cluded in  the  assessment  for  the  regulating  and  grading  of 
the  street  in  question,  as  a  part  of  the  expense  thereof,  and 
the  said  award,  and  the  proceedings  of  the  assessors  in  rela- 
tion thereto,  shall  be  subject  to  review  by  the  board  of  revi- 
sion of  assessments. 

Foregoing  section;  how  construed. 

§  952.  The  foregoing  section  shall  not  be  construed  to 
authorize  the  making  of  an  award  for  loss  or  damage  caused 
by  change  of  grade  in  any  case  in  which  an  award  could  not 
legally  be  made  under  laws  existing  immediately  previous  to 
the  passage  of  this  act,  and  affecting  any  part  of  the  territory 
of  the  mayor,  aldermen  and  commonalty  of  the  city  of  New 
York  nor  shall  it  be  construed  to  affect  the  powers  of  any 
commission  acting  under  any  laws  of  this  state. 

Awards;  when  to  be  paid;  action  for  default. 

§  953.  The  City  of  New  York  shall,  within  four  months 
after  confirmation  of  any  assessment,  including  awards  made 
in  pursuance  of  the  last  section  but  one,  pay  to  the  respective 
parties  entitled  thereto  the  amount  of  such  awards,  and  in 
case  of  its  neglect  or  failure  to  pay  the  same  at  the  expira- 
tion of  the  said  period,  and  after  demand,  it  shall  be  lawful 
for  the  persons  entitled  to  the  same  to  sue  for  and  recover 
the  amount  of  their  awards.  In  case  any  such  award  or 
compensation  shall  be  paid  to  any  person  not  entitled  thereto, 
when  the  same  ought  to  have  been  paid  to  some  other  per- 
son, it  shall  be  lawful  for  the  person  to  whom  the  same  ought 


402 


LAWS  OF  NEW  YOKK. 


to  have  been  paid  to  sue  for  and  recover  the  same  with  in- 
terest and  costs,  as  so  much  money  had  and  received  to  his 
use  by  the  person  or  persons  respectively  to  whom  the  same 
shall  have  been  so  paid;  provided  that  when  the  name  or 
names  of  the  owner  or  owners,  party  or  parties,  are  not  set 
forth  in  the  report  of  the  assessors,  or  wdiere  the  said  owners, 
parties  or  persons  respectively  being  named  therein  shall  be 
insane,  a  married  woman,  under  the  age  of  twenty-one  years, 
or  absent  from  the  city,  or  after  diligent  search  can  not  be 
found,  or  their  title  to  receive  such  awards  disputed,  it  shall 
be  lawful  for  The  City  of  New  York  to  pay  the  sum  men- 
tioned in  said  report,  or  that  would  be  coming  to  such 
owners,  parties  and  persons  respectively,  to  the  chamberlain, 
to  be  secured,  disposed  of  and  invested  as  the  supreme  court 
shall  direct,  and  such  payments  shall  be  as  valid  and  eflFectual 
in  all  respects  as  if  made  to  the  said  owners,  parties  and  per- 
sons respectively  themselves,  according  to  their  just  rights, 
if  they  had  been  known  and  had  been  persons  of  full  age, 
single  women  and  of  sound  mind. 

Assessments  for  deepening  water  in  docks,  etc 

§  954.  The  expense  of  conforming  to  any  order  or  direc- 
tion made  in  accordance  with  section  eight  hundred  and 
thirty-two  of  this  act,  or  of  carrying  the  same  into  effect, 
shall  be  estimated  and  assessed  by  the  board  of  assessors 
upon  or  among  the  owner  or  owners  of  any  or  every  wharf, 
pier,  dock,  bulkhead,  piece  of  land,  water-right,  or  privilege, 
near  or  adjacent  to  which  any  such  water  may  be  deepened, 
and  which  may  in  any  manner  be  benefited  thereby,  in  pro- 
portion, as  nearly  as  may  be,  to  the  advantage  which  each 
shall  be  deemed  to  acquire.  Every  such  estimate  and  assess- 
ment, after  confirmation,  shall  be  binding  and  conclusive 
upon  the  owners  thereby  assessed  respectively,  and  shall  be 
a  lien  or  charge  upon  the  property  or  premises  in  respect  to 
which  the  same  may  have  been  made. 

TITLE  3, 

Vacating  and  Modifying  Assessments  for  Local  Improvements 
Other  than  Those  Confirmed  by  a  Court  of  Record, 

Remedies  limited. 

§  958.  No  suit  or  action  in  the  nature  of  a  bill  in  equity 
or  otherwise  shall  be  commenced  for  the  vacation  of  any  assess- 
ment in  said  city,  or  to  remove  a  cloud  upon  title ;  but  owners 


CHARTER  OF  NEW  YORK  OITY.  403 


of  property  shall  be  confined  to  their  remedies  in  such  cases 
to  the  proceedings  under  this  title.  It  shall  be  lawful,  how- 
ever, for  the  comptroller,  acting  under  the  written  advice  of 
the  corporation  counsel,  to  compromise  and  settle  claims  for 
assessments  for  local  improvements  heretofore  confirmed 
and  interest  thereon,  and  payments  made  in  accordance  with 
the  terms  of  such  settlements  shall  be  in  the  nature  of  accord 
and  satisfaction,  and  no  action  shall  be  maintainable  to  re- 
cover back  amounts  thus  paid. 

Petition  to  the  supreme  court  in  case  of  fraud  or  substantia]  error, 

§  959.  If  in  the  proceedings  relative  to  any  assessment  or 
assessments  for  local  improvements,  or  in  the  proceedings  to 
collect  the  same,  any  fraud  or  substantial  error  shall  be  alleged 
to  have  been  committed,  the  party  aggrieved  thereby  may  apply 
to  a  justice  of  the  supreme  court  in  special  term  or  in  vacation, 
who  shall  thereupon,  upon  due  notice  to  the  corporation  coun- 
sel, proceed  forthwith  to  hear  the  proofs  and  allegations  of  the 
parties.  If,  upon  such  hearing,  it  shall  appear  that  the  alleged 
fraud  or  substantial  error,  other  than  such  errors  as  are  speci- 
fied in  the  next  section  has  been  committed  as  provided  in  this 
title,  the  said  assessment  shall  be  vacated  or  modified,  and  the 
lien  created  thereby,  or  by  any  subsequent  proceedings,  shall 
cease.  If,  upon  such  hearing,  it  shall  appear  that,  by  reason 
of  any  alleged  irregularity,  the  expense  of  any  local  improve- 
ment has  been  unlawfully  increased,  the  judge  may  order  that 
such  assessment  upon  the  lands  of  said  aggrieved  party  may 
be  modified  by  deducting  therefrom  such  sum  as  is  in  the  same 
proportion  to  such  assessment  as  is  the  whole  amount  of  such 
unlawful  increase  to  the  whole  amount  of  the  expense  of  such 
local  improvement.  Any  order  that  may  be  made  by  a  justice 
under  authority  of  this  section  shall  be  filed  in  the  office  of 
the  county  clerk  of  the  county  in  which  the  lands  are  situated, 
and  after  the  filing  of  a  certified  copy  thereof  with  the  officer 
having  charge  of  the  assessment,  it  shall  be  his  duty  to  cancel 
or  reduce  the  assessment  as  required  by  the  order,  or  do  any 
other  act  required  thereby. 

Assessments  not  to  be  set  aside  for  certain  irregularities  and  techni- 
calities. 

§  960.  No  assessment  heretofore  made  or  imposed,  or  which 
shall  hereafter  be  made  or  imposed  for  any  local  improvement 
or  other  public  work,  already  completed  or  now  being  made 
or  performed,  or  which  shall  hereafter  be  made,  done,  or  per- 


404 


LAWS  OF  KE.W  YORK. 


formed,  shall  hereafter  be  vacated  or  set  aside  for  or  by  reason 
of  any  omission  to  advertise,  or  irregularity  in  advertising  any 
ordinance,  resolution,  notice,  or  other  proceeding  relative  to, 
or  authorizing  the  improvement  or  work  for  which  such  assess- 
ment shall  have  been  made  or  imposed,  or  for  proposals  to  do 
the  work,  or  for  or  by  reason  of  the  omission  of  any  officer  to 
perform  any  duty  imposed  upon  him,  or  for  or  by  reason  of 
any  defect  in  the  authority  of  any  department  or  officer  upon 
whose  action  the  assessment  shall  be  in  any  manner  or  to  any 
extent  dependent,  or  for  or  by  reason  of  any  omission  to  com- 
ply with  or  carry  out  any  detail  of  any  law  or  ordinance,  or 
for  or  by  reason  of  any  irregularity  or  technicality,  except  only 
in  cases  in  which  fraud  shall  be  shown  and  in  case  of  an  assess- 
ment for  repaving  any  street  or  public  place,  upon  property  for 
which  an  assessment  has  once  been  paid  for  paving  the  same 
street  or  public  place ;  and  all  property  in  said  city  benefited  by 
any  improvement  or  other  public  work  ah'eady  completed,  or 
now  being  made  or  performed,  and  hereafter  made,  done,  or 
performed,  except  as  aforesaid,  shall  be  liable  to  assessment  for 
such  improvement  or  work,  and  all  assessments  for  any  such 
improvement  or  other  public  work  shall  be  valid  and  binding 
notwithstanding  any  such  omission,  irregularity,  defect  in 
authority,  or  technicality.  No  assessment  shall  be  vacated  by 
reason  of  fraud  or  irregularity  in  the  proceedings  to  collect 
the  same  by  sale  of  the  assessed  premises ;  but,  upon  proof  of 
such  fraud  or  irregularity,  such  sale  shall  be  set  aside  and  the 
respective  rights  and  liabilities  of  the  assessed  person  and  of 
The  City  of  New  York  shall  become  and  be  the  same  as  if  such 
sale  had  not  been  made. 

All  claims  may  be  embraced  in  one  proceeding:. 

§  961.  Any  person  applying  for  relief  under  the  provisions 
of  this  title,  may  embrace  in  one  proceeding  any  or  all  assess- 
ments for  local  improvements  in  which  he  is  interested. 

Power  of  court  to  vacate  or  reduce  assessments  limited  and  qualified. 

§  962.  No  court  shall  vacate  or  reduce  any  assessment  in 
fact  or  apparent,  whether  void  or  voidable,  on  any  property 
for  any  local  improvement,  otherwise  than  to  reduce  any  such 
assessment  to  the  extent  that  the  same  may  be  shown  by  par- 
ties complaining  thereof  to  have  been  in  fact  increased  in 
dollars  and  cents  by  reason  of  fraud  or  substantial  error;  and 
in  no  event  shall  that  proportion  of  any  such  assessment,  which 
is  equivalent  to  the  fair  value  or  fair  cost  of  any  local  improve- 


CHARTER  OP  NEW  YORK  CITY. 


405 


ment,  with  interest  at  the  rate  of  three  per  centum  per  annum 
from  the  date  of  confirmation  to  the  date  of  the  final  order  of 
reduction  and  seven  per  centum  thereafter,  be  disturbed  for 
any  cause.  The  provisions  of  this  section  shall  apply  to 
actions  to  recover  money  paid  for  assessments,  and  the  amount 
recovered  shall  be  limited  to  the  excess  over  the  fair  value  or 
fair  cost  of  the  improvement. 

When  proceedings  to  vacate,  etc.,  to  be  brought. 

§  963.  All  proceedings  to  vacate  or  reduce  assessments  in 
The  City  of  New  York  must  be  brought  within  one  year  after 
the  confirmation  thereof. 

Re=assessment. 

§  §64.  Any  lands  which  may  be  discharged  from  any  Hen 
for  an  assessment  for  any  local  improvement  or  as  to  which  a 
sale  for  non-]^a)'nient  of  such  assessments  authorized  to  be 
made  by  section  ten  hundred  and  twenty-seven  of  this  act  has 
been  vacated  or  set  aside  may  be  again  assessed  in  the  manner 
provided  by  laAv,  for  such  amount  as  would  have  been  justly 
chargeable  if  fraud  or  irregularity  had  not  been  committed;  and 
the  amount  so  assessed  shall  be  a  lien  on  said  lands  until  paid, 
and  shall  be  collectible  in  the  manner  provided  by  law  for  the 
collection  of  assessments,  but  all  proceedings  to  make  a  new 
assessment  shall  be  at  the  expense  of  the  city. 


TITLE  4. 

Opening  Streets  and  Parks, 
Authority  to  open  streets. 

§  970.  The  City  of  New  York  is  authorized  to  acquire  title 
for  the  use  of  the  public  to  all  or  any  of  the  lands  required  for 
streets,  parks,  approaches  to  bridges  and  tunnels,  sites  or  lands 
above  or  under  water  for  bridges  and  tunnels,  and  sites  or 
lands  above  or  under  water,  for  all  improvements  of  the  navi- 
gation of  waters  within  or  separating  portions  of  The  City  of 
New  York,  or  of  the  water  fronts  of  The  City  of  New  York, 
or  part  or  parts  thereof,  heretofore  duly  laid  out  upon  the 
map  or  plan  of  The  City  of  New  York,  of  the  city  of 
Brooklyn,  of  Long  Island  City  or  of  any  of  the  territory 
consolidated  with  the  corporation  heretofore  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New 
York,  or  hereafter  duly  laid  out  upon  the  map  or  plan 


406 


LAWS  OF  NEW  YOKK. 


of  The  City  of  New  York,  as  herein  constituted,  and  to 
cause  the  same  to  be  opened.  The  board  of  estimate  and 
apportionment  is  authorized  to  direct  the  same  to  be  done 
wlienever  and  as  often  as  it  shall  deem  it  for  the  public  interests 
so  to  do.  The  lands,  tenements  and  hereditaments  that  ma) 
be  required  for  such  purposes  may  be  taken  therefor,  and  com- 
pensation and  recompense  made  to  the  parties  and  persons,  if 
any  such  there  shall  be,  to  whom  the  loss  and  damage  thereby 
shall  be  deemed  to  exceed  the  benefit  and  advantage  thereof, 
for  the  excess  of  the  damage  over  and  above  the  value  of  said 
benefit.  The  City  of  New  York  is  authorized  to  make  appli- 
cation, or  to  cause  application  to  be  made,  to  the  supreme  court 
of  this  state  in  the  first  or  second  judicial  departments,  as  the 
case  may  be,  for  the  appointment  of  commissioners  of  estimate 
and  assessment  to  ascertain  and  determine  the  compensation 
and  recompense  which  should  justly  be  made  to  the  respective 
owners,  lessees,  parties  and  persons  respectively  entitled  unto 
or  interested  in  the  lands,  tenements,  hereditaments  and  prem- 
ises proposed  to  be  taken  for  any  of  the  purposes  aforesaid, 
and  to  assess  the  cost  of  such  improvement  or  such  pro- 
portion thereof  as  the  board  of  estimate  and  appor- 
tionment directs,  upon  such  parties  and  persons,  lands 
and  tenements  as  may  be  deemed  to  be  benefited  thereby. 
Streets  or  portions  thereof  which  are  continuations  of  each 
other  in  the  same  general  direction  may  be  embraced  in  the 
same  proceeding.  The  moneys  collected  upon  the  assessment 
of  the  commissioners  of  estimate  and  assessment  shall  be  paid 
into  the  city  treasury.  The  damages  awarded  by  the  commis- 
sioners of  estimate  and  assessment  shall  become  due  and  pay- 
able immediately  upon  the  confirmation  of  the  report  of  said 
commissioners  of  estimate  and  assessment 

Removal  of  buildings. 

§  971.  The  board  of  estimate  and  apportionment  may  per- 
mit any  building  which  shall  be  either  partly  or  wholly  in- 
cluded within  the  limits  of  any  such  street,  or  park  laid  out  in 
the  said  city,  and  so  to  be  opened  as  aforesaid,  to  remain 
unremoved  for  such  time  or  times  as  they  shall  think  proper. 

Columbia  college,  St.  John's  college  and  University  of  The  City  of 
New  York;  streets  not  to  be  opened  through  grounds  of. 

§  972.  It  shall  be  unlawful  to  open  any  streets  through  the 
grounds  belonging  to  the  corporation  of  St.  John's  College, 
in  its  actual  occupation  at  what  was  formerly  known  as  Ford- 


CHAKTEK  OF  NEW  YOKK  CITY. 


407 


ham,  or  through  or  upon  any  part  of  the  land  and  premises 
now  owned  by  the  University  of  The  City  of  New  York,  ex- 
tending from  Sedgwick  avenue  .to  Aqueduct  avenue,  in  The 
City  of  New  York,  and  lying  immediately  south  of  and  adja- 
cent to  One  Hundred  and  Eighty-first  street,  sometimes  called 
University  avenue,  so  long  as  the  same  shall  be  owned  or  occu- 
pied for  educational  purposes  by  the  said  university ;  provided, 
however,  that  nothing  in  this  section  contained  shall  be  con- 
strued to  interfere  with  the  opening  of  One  Hundred  and 
Eighty-first  street,  between  Andrews  avenue  and  Aqueduct 
avenue,  at  any  time  hereafter,  and  provided  that  the  said  Uni- 
versity of  The  City  of  New  York  shall  dedicate  without  claim 
or  reward  for  damages  all  of  the  land  required  for  East  One 
Hundred  and  Eighty-first  street,  between  Andrews  avenue  and 
Aqueduct  avenue.  No  street  from  One  Hundred  and  Six- 
teenth street  to  One  Hundred  and  Twentieth  street,  or  from 
Amsterdam  avenue  to  the  Boulevard  shall  at  any  time  be 
opened  through  the  grounds  of  Columbia  college,  so  long  as 
such  grounds  are  owned  or  occupied  for  educational  purposes. 

Application  for  the  appointment  of  commissioners. 

§  973-  Whenever  the  opening  of  any  street  shall  have  been 
duly  authorized  and  directed,  as  provided  in  this  act,  it  shall 
be  the  duty  of  the  corporation  counsel  immediately  to  institute 
a  proceeding  to  acquire  title  for  the  use  of  the  public  to  the 
land  required  for  such  street,  and  upon  due  notice  by  adver- 
tisement duly  published  in  the  ''City  Record"  and  the  corpora- 
tion newspapers  for  ten  days,  and  by  causing  copies  of  the 
same  in  handbills  to  be  posted  for  the  same  space  of  time  in 
three  conspicuous  places  adjacent  to  the  property  to  be  afifected 
by  the  intended  improvement,  to  make  application  to  the  su- 
preme court,  in  the  appropriate  department  thereof  within  the 
city,  and  in  the  manner  appropriate  to  proceedings  for  the 
appointment  of  commissioners  of  estimate  and  assessment, 
indicating  in  such  application  the  land  required  for  that  pur- 
pose by  reference  to  the  maps  on  file  in  his  ofifice.  Upon  such 
an  application  it  shall  be  lawful  for  the  said  court  to 
appoint  three  discreet  and  disinterested  persons,  being 
citizens  of  the  United  States,  all  of  whom  shall  be  residents 
of  the  borough  where  the  property  to  be  taken  is 
located,  commissioners  of  estimate  and  assessment  in  said 
proceeding,  for  the  performance  of  the  duties  in  this  chapter 
mentioned.  The  persons  so  appointed  shall  be  subject  to  the 
right  of  challenge  on  the  ground  of  jnterest,  incapacity  or  dis- 


408 


LAWS  OF  NEW  YORK. 


qualification  to  be  exercised  by  the  corporation  counsel  or  by 
any  person  having  an  interest  in  the  said  proceedings;  and  if 
any  of  them  be  rejected  for  good  cause,  or  refuse  to  serve, 
then  another  shall  be  appointed  in  his  stead  by  the  court. 
Ten  days'  notice  of  the  appointment  of  the  commissioners, 
Sundays  and  holidays  excluded,  shall  be  pubHshed  in  the  City 
Record  and  the  corporation  newspapers,  and  the  corporation 
counsel  shall  cause  such  notice  to  be  served  by  mail  or  other- 
wise upon  such  parties  or  their  attorneys  as  have  filed  a 
notice  of  claim  or  of  appearance  in  the  proceeding.  The  said 
notice  shall  specify  the  names  of  the  persons  appointed  as 
commissioners  and  appoint  a  day  when  the  parties  may  be 
heard  at  a  special  term  of  the  supreme  court  as  to  the  quali- 
fications of  the  said  commissioners.  The  persons  named  as 
commissioners  shall  attend  at  the  time  and  place  appointed 
and  may  be  examined  under  oath  as  to  their  qualifications 
to  act.  Any  ground  of  challenge  which  would  disqualify  a 
judge  or  juror  shall  be  applicable  to  them,  and  any  challenge 
must  be  tried  and  determined  by  the  court  in  the  mode  pre- 
scribed by  law  in  respect  to  the  challenge  of  jurors,  and  such 
determination  may  be  excepted  to  and  reviewed  as  in  the  ca^e 
of  jurors.  Where  a  challenge  is  sustained  and  a  new  com- 
missioner is  appointed,  such  new  commissioner  shall  be  sub- 
ject to  challenge  in  the  same  way,  to  be  heard  and  determined 
by  the  court  at  such  time  as  ihe  court  may  direct 

Amendments  of  defects. 

§  974.  Said  court  shall  have  power  at  any  time  to  amend 
any  defect  or  informality  in  any  special  proceeding  author- 
ized by  this  title,  that  may  be  necessary,  or  to  cause  property 
to  be  afifected  thereby  to  be  excluded,  or  other  property  to 
be  included  therein  by  amendment,  upon  ten  days'  notice 
published  and  posted  as  aforesaid,  and  to  direct  such  further 
notices  to  be  given  to  any  party  in  interest  as  it  deems  proper, 
and  also  to  appoint  other  commissioners  in  place  of  any  who 
shall  die,  or  refuse,  or  neglect  to  serve,  or  be  incapable  of 
serving,  or  be  removed.  If,  in  any  particular,  it  shall,  at  any 
time  be  found  necessary  to  amend  any  petition,  pleading, 
proceeding  or  order,  or  to  supply  any  defect  therein,  arising 
in  the  course  of  any  special  proceeding  authorized  by  this 
title,  the  same  may  be  amended  or  supplied  in  such  manner  as 
shall  be  directed  by  the  supreme  court,  which  is  hereby 
authorized  to  make  such  amendment  or  corrections. 


CHARTER  OF  NEW  YORK  CITY. 


400 


Vacancies  among  commissioners;  how  filled. 

§  975.  In  case  of  the  death,  resignation,  refusal,  to  act,  or 
failure  to  qualify  within  ten  days  after  his  appointment  of 
any  such  commissioner  of  estimate  and  assessment,  to  be 
appointed  under  and  by  virtue  of  this  title,  for  any  such  afore- 
said purpose,  it  shall  and  may  be  lawful  for  the  court  afore- 
said, or  of  any  of  the  justices  thereof,  on  the  application  of 
the  city,  on  notice  only  to  any  person  interested  who  may 
have  appeared  on  the  prior  application,  as  often  as  such  event 
shall  happen,  to  appoint  a  discreet  and  disinterested  person, 
being  a  citizen  of  the  United  States,  and  a  resident  of  the 
borough  where  the  property  to  be  taken  is  located,  in  the 
place  and  stead  of  such  commissioner  so  dying,  resigning,  re- 
fusing to  act,  or  failing  to  qualify,  and  the  surviving  or  acting 
commissioners,  as  the  case  may  be,  shall  have  power  to  pro- 
ceed in  the  execution  of  the  duties  of  their  appointment,  until 
a  successor  of  the  commissioner  so  dying,  resigning,  or  re- 
fusing to  act  or  failing  to  qualify,  shall  be  appointed.  Such 
successor  appointed  as  aforesaid  shall  possess  the  same  quali- 
fications and  be  subject  to  challenge  upon  the  same  grounds 
and  in  the  same  general  manner  as  hereinbefore  provided  for, 
and  the  time  and  place  for  such  challenge  shall  be  specified 
in  the  order  appointing  such  successor. 

Two  commissioners  may  act. 

§  976.  In  all  and  every  case  of  the  appointment  of  commis- 
sioners by  the  court  aforesaid,  for  any  of  the  purposes  afore- 
said, it  sliall  be  competent  and  lawful  for  any  two  of  such 
said  commissioners  so  to  be  appointed,  to  proceed  to  and 
execute  and  perform  the  trusts  and  duties  of  their  said  ap- 
pointment, and  their  acts  shall  be  as  vahd  and  effectual  as 
the  acts  of  all  the  commissioners  so  to  be  appointed  for  such 
said  purpose  if  they  had  acted  therein  would  have  been.  In 
all  cases  the  acts,  decisions  and  proceedings  of  the  major 
part  of  such  of  the  commissioners  to  be  appointed  for  any 
of  the  purposes  aforesaid  as  shall  be  acting  in  the  premises, 
shall  always  be  as  binding,  valid  and  efTectual  as  if  the  said 
commissioners  named  and  appointed  for  such  purpose  had 
all  concurred  and  joined  therein. 

Oath  of  commissioners. 

§  977.  Commissioners  when  they  are  appointed  and  before 
they  enter  upon  the  performance  of  the  duties  of  their  ap- 
pointment  shall  severally  take  and  subscribe  before  some 


410 


LAWS  OF  NEW  YOKK. 


person  authorized  by  law  to  administer  oaths,  the  following 
oath  or  affirmation :  "  I  do  solemnly  swear  (or  affirm)  that 
r  will  support  the  constitution  of  the  United  States  and 
the  constitution  of  the  state  of  New  York/  and  that 
I  will  faithfully  discharge  the  duties  of  the  office  of  com- 
missioner according  to  the  best  of  my  ability."'  Such  oath 
or  affirmation  shall  be  filed  in  the  office  of  the  clerk  of  the 
county  in  which  the  order  appointing  the  said  commissioners 
has  been  entered. 

Commissioners  to  view  and  give  notice  of  their  appointment. 

§  978.  It  shall  be  the  duty  of  the  said  commissioners  when 
appointed  in  a  proceeding,  to  view  the  lands,  tenements  and 
premises  to  be  thereby  acquired,  and  lands,  tenements, 
hereditaments,  and  premises  adjacent  thereto,  if  they  shall 
deem  such  view  to  be  necessary  or  useful.  They  shall  cause 
to  be  published  in  the  "  City  Record  "  notice  of  their  ap- 
pointment, containing  a  brief  statement  of  the  purposes  for 
which  they  have  been  appointed,  and  requiring  all  parties 
and  persons  interested  in  the  real  estate  taken  or  to  be  taken 
for  the  purpose  of  opening,  extending,  enlarging,  straighten- 
ing, altering  or  otherwise  improving  the  said  street  or  park 
affected  thereby,  and  having  any  claim  or  demand  on  account 
thereof,  to  present  the  same  to  them  duly  verified,  with  such 
affidavit  or  other  proof  as  the  owners  or  claimants  may  de- 
sire, within  twenty  days  after  the  date  of  such  notice,  and 
stating  a  time  and  place  after  the  expiration  of  said  twenty 
days  when  the  said  parties  and  persons  shall  be  heard  in  rela- 
tion thereto  by  the  said  commissioners.  ,  At  the  time  and 
place  fixed  by  said  notice,  or  at  any  such  further  or  other 
times  and  places  as  the  said  commissioners  may  appoint,  the 
said  commissioners  shall  hear  such  owners  and  examine  the 
proof  of  such  claimant  or  claimants,  or  such  additional  proof 
and  allegations  as  may  then  be  offered  by  such  owners,  or 
on  behalf  of  The  City  of  New  York. 

Certain  powers  of  commissioners. 

§  979.  It  shall  be  lawful  for  the  commissioners  of  estimate 
and  assessment  duly  appointed  in  proceedings  authorized  by 
this  title  to  administer  oaths.  And  the  said  commissioners 
may,  as  a  condition  for  the  opening  of  a  default,  require  the 
party  applying  therefor  to  pay  the  fees  of  the  commissioners, 
and  the  clerical  expenses  of  the  commissioners,  for  the  addi- 
tional meeting  or  meetings  of  the  commissioners  made  nec- 


CKAKTEK  OF  NEW  YORK  OITY. 


411 


essary  by  the  fault  of  such  party.  They  shall  reduce  any 
testimony  taken  before  them  to  writing.  They  may  cause 
such  maps  or  diagrams  to  be  prepared,  if  they  deem  the 
same  necessary,  as  will  enable  or  assist  them  to  hear  and  de- 
termine the  claims  or  interest  of  the  said  owners  and  persons 
interested.  From  the  surveys  and  maps  furnished  to  or  pre- 
pared by  them  and  such  other  information  as  the  said  com- 
missioners shall  possess  or  obtain,  they  shall  cause  diagrams 
to  be  prepared  which  shall  distinctly  indicate,  by  separate 
numbers,  the  names  of  the  owners  of  or  the  claimants  to  the 
respective  plots  or  parcels  of  land  to  be  taken  or  assessed  by 
such  proceeding,  and  which  shall  also  specify,  in  figures,  with 
sufficient  accuracy,  the  dimensions  and  bounds  of  each  said 
tracts  or  parcels.  The  said  commissioners,  before  the  com- 
pletion of  their  estimate  and  assessments,  may  obtain  from 
The  City  of  New  York  a  profile  or  plan,  if  they  shall  deem 
the  same  useful,  showing  the  intended  regulation  of  the 
street,  or  part  of  a  street,  with  regard  to  the  opening  of  which 
they  have  been  appointed,  as  to  the  elevation  or  depression 
thereof,  after  the  same  shall  be  opened,  extended,  enlarged, 
straightened,  altered,  or  otherwise  improved,  as  the  case  may 
be;  and  also  profiles  or  plans,  if  they  shall  deem  the  same 
useful,  showing  the  intended  regulation  of  the  adjacent  street 
or  streets,  as  to  the  elevation  or  depression  thereof,  after 
such  improvement.  The  said  commissioners  may  require 
any  board,  department,  or  officer  of  The  City  of  New  York 
to  furnish  to  them  such  surveys  and  maps  as  may  be* required 
by  them. 

Commissioners  to  ascertain  damages  and  benefit. 

§  980.  After  hearing  such  testimony  and  considering  such 
proofs  as  may  be  offered,  the  commissioners,  or  a  majority  of 
them,  all  having  considered  the  same,  or  having  had  an  oppor- 
tunity to  be  present,  shall,  without  unnecessary  delay,  ascer- 
tain and  estimate  the  compensation  which  ought  justly  to  be 
made  by  The  City  of  New  York  to  the  respective  owners, 
lessees,  parties  and  persons  respectively  entitled  unto  or  inter- 
ested in  the  lands,  tenements,  hereditaments  and  premises  so 
required  for  the  improvement;  and  make  a  just  and  equitable 
estimate  and  assessment,  also,  of  the  value  of  the  benefit  and 
advantage  of  such  improvement  to  the  respective  owners, 
lessees,  parties  and  persons  respectively  entitled  unto  or  inter- 
ested in  the  lands,  tenements,  hereditaments  and  premises  not 
required  for  the  said  improvement,  and  prepare  an  abstract 


412 


LAWS  OF  NEW  YORK. 


of  their  estimate  and  assessment.  They  shall  not,  in  making 
their  estimate  and  assessment  of  the  value  of  the  benefit  and 
advantage  of  tiie  said  improvement,  be  confined  to  any  definite 
limit,  but  shall  and  hereby  are  authorised  to  extend  such  esti- 
mate and  assessment  to  any  and  all  such  lands,  tenements  and 
hereditaments  and  premises  as  they  may  deem  to  be  benefited 
by  the  improvement,  and  which  they  may  judge  expedient 
to  include  in  their  report  in  the  premises.  The  board  of 
estimate  and  apportionment  may  in  any  case  deter- 
mine whether  any,  and,  if  any,  what  proportion  of  the 
cost  and  expense  thereof  shall  be  borne  and  paid  by  The  City 
of  New  York,  and  the  remainder  of  such  cost  and  expense 
shall  be  assessed  upon  the  property  deemed  to  be  benefited 
thereby.  The  detorniination  or  decision  of  said  board  as  to 
the  proportion  of  cost  and  expense  to  be  borne  and  paid  by 
The  City  of  New  York,  and  as  to  the  proportion  to  be  borne 
by  the  property  benefited,  after  it  shall  have  been  made  and 
announced,  shall  be  final,  and  such  determination  or  decision 
shall  not  be  reopened  or  reconsidered  by  said  board.  The 
said  commissioners  shall  in  no  case  assess  any  house, 
lot,  improved  or  unimproved  lands,  more  than  one-half 
the  value  of  such  house,  lot,  improved  or  unimproved  land,  as 
valued  by  them.  It  shall  be  lawful  for  the  said  commissioners, 
if  they  shall  deem  it  just  and  equitable  under  the  circumstances 
to  do  so,  but  not  otherwise,  to  assess  any  part,  not  exceeding 
one-third  part  of  the  estimated  value  of  any  building  or  build- 
ings taken  in  the  proceeding,  but  not  of  any  other  improve- 
ment, upon  The  City  of  New  York.  If  the  said  commis- 
sioners of  estimate  and  assessment  shall  judge  that  any 
intended  regulation  will  injure  any  building  or  buildings  not 
required  to  be  taken  for  the  purpose  of  opening,  extending, 
enlarging,  straightening,  altering,  or  improving  such  street 
or  part  of  a  street,  they  shall  proceed  to  make,  together  with 
the  other  estimates  and  assessments  required  by  law  to  be 
made  by  them,  a  just  and  equitable  estimate  and  assessment 
of  the  loss  and  damage  which  will  accrue,  by  and  in  conse- 
quence of  such  intended  regulation,  to  the  respective  owners, 
lessees,  parties  and  persons,  respectively,  entitled  unto  or  inter- 
ested in  the  said  building  or  buildings  so  to  be  injured  by  the 
said  intended  regulation;  and  the  sums  or  estimates  of  compen- 
sation and  recompense  for  such  loss  and  damage  shall  be 
included  by  the  said  commissioners  in  their  report  and  includerl 
in  the  assessment  for  benefit. 


CHARTER  OF  NEW  YORK  (UTY. 


413 


Abstract  of  estimate  and  assessment  to  be  deposited. 

§  98 1.  The  said  commissioners  shall  deposit  in  the  bureau 
of  street  openings  in  the  law  department  their  said  abstract 
of  their  estimate  and  assessment  at  least  thirty  days  before 
their  report  shall  be  presented  to  the  court  for  confirmation, 
which  abstract  shall  be  accompanied  by  copies  of  the  diagrams 
used  by  them  ^nd  which  shall  refer  to  the  numbers  thereby 
indicated,  and  state  the  several  sums  respectively  estimated 
for  or  assessed  upon  each  of  said  parcels  with  the  name  or 
names,  claimant  or  claimants,  so  far  as  ascertained  by  said 
commissioners.  They  shall  also  deposit  all  the  affidavits  and 
l)roofs  used  by  them  in  making  their  report.  They  shall  also 
publish  a  notice  for  fifteen  days  in  the  City  Record  "  and 
in  the  corporation  newspapers  and  when  authorized  pursuant 
to  this  act,  in  not  more  than  one  newspaper  published  in  the 
borough  in  which  the  property  is  located,  stating  their  inten- 
tion to  present  their  report  for  confirmation  to  the  said  court 
at  a  time  and  place  to  be  specified  in  said  notice,  and  that  all 
persons  interested  in  such  proceedings,  or  in  any  of  the  lands 
affected  thereby,  having  objections  thereto,  shall  file  the  same, 
in  writing,  duly  verified,  with  said  commissioners  within 
twenty  days  after  the  first  publication  of  said  notice,  and  that 
the  said  commissioners  will  hear  parties  so  objecting  at  a  place 
and  at  a  time  after  the  expiration  of  said  twenty  days,  to  be 
specified  in  said  notice.  Similar  notice  for  at  least  ten  days 
shall  be  given  of  any  new,  supplemental  or  amended  abstract. 
At  the  time  and  place  named  in  said  notice  the  said  commis- 
sioners shall  hear  the  person  or  persons  who  have  objected 
to  the  said  abstract,  and  who  may  then  and  there  appear,  and 
shall  have  power  to  adjourn  from  time  to  time  until  all  such 
persons  shall  be  fully  heard. 

Amendment  of  abstract. 

§  982.  It  shall  not  be  lawful  for  the  commissioners  of  esti- 
mate and  assessment  to  alter  or  amend  any  abstract  or  report, 
or  supplemental  or  amended  abstract  or  report,  after  the  same 
shall  have  been  deposited  for  inspection  as  required  by  law, 
by  increasing  the  amount  of  any  assessment  for  benefit,  or 
diminishing  any  award  for  damage,  unless  the  person  or  per- 
sons, party  or  parties,  affected  by  such  increase  or  diminution 
shall  have  had  notice  thereof  and  an  opportunity  of  being 
heard  before  said  commissioners  before  their  report  shall  be 
presented  to  the  court  for  confirmation. 


414 


LAWS  OF  NEW  YORK. 


Witness;  how  compelled  to  testify, 

§  983,  Upon  the  application  of  any  person  or  persons  whose 
rights  may  be  affected  by  the  said  estimate  or  assessment, 
verified  by  the  oath  or  affirmation  of  such  appHcant  or  his 
agent,  that  any  witness,  residing  or  being  in  The  City  of 
New  York,  whose  affidavit  to  verify  or  oppose  any  objection 
to  the  said  estimate  or  assessment  is  material  or  necessary  to 
such  party,  refuses  voluntarily  to  appear  before  any  officer 
authorized  to  take  such  affidavit,  to  testify  or  affirm  to  such 
matter  as  he  may  know,  touching  such  objection,  any  one  of 
the  said  commissioners  of  estimate  and  assessment  in  the  pro- 
ceeding may  issue  a  subpoena  under  his  hand,  requiring  such 
witness  to  appear  and  testify  to  such  matters  as  he  may  know 
touching  the  said  estimate  or  assessment,  at  such  time  and 
place  as  the  said  commissioner  may  designate  in  such  subpoena. 
And  every  person,  who,  being  served  with  such  subpoena, 
shall,  without  reasonable  cause,  refuse  or  neglect  to  appear, 
or  appearing,  shall  refuse  to  answer,  under  oath  or  affirma- 
tion, touching  the  matters  aforesaid,  shall  forfeit  to  the  party 
injured  one  hundred  dollars;  and  may  also  be  committed  to 
prison  by  any  justice  of  the  supreme  court  upon  application 
duly  made  on  behalf  of  the  commissioner  who  issued  such 
subpoena,  there  to  remain,  without  bail  and  without  the  liber- 
ties of  the  jail,  until  he  shall  submit  to  answer,  under  oath 
or  affirmation  as  aforesaid.  The  testimony  of  such  witness 
when  given  shall  be  reduced  to  writing  in  the  presence  of  and 
be  sworn  or  affirmed  to  before  such  commissioner. 

.Commissioners  to  present  report  to  court. 

§  984.  After  considering  the  objections,  if  any,  and  making 
any  correction  or  alteration  of  their  estimate  or  assessment, 
which  said  commissioners,  or  any  two  of  them  shall  find  to  be 
just  and  proper,  the  said  commissioners  s^iall  file  the  said  re- 
port, signed  by  them  or  a  majority  of  them,  in  the  office  of  the 
clerk  of  the  county  where  the  lands  are  situated  at  least  five 
days  before  the  time  mentioned  in  said  notice  for  the  presenta- 
tion of  said  report  to  the  court  for  confirmation,  or  the  date  to 
which  the  same  shall  have  been  duly  adjourned.  The  said 
commissioners,  or  any  person  interested  in  said  proceeding, 
shall  notify  the  corporation  counsel  and  all  persons  who  have 
filed  their  objections  as  aforesaid,  or  who  have  theretofore 
appeared  as  soon  as  the  said  report  shall  have  been  filed.  The 
corporation  counsel  may  present  the  same  for  confirmation,  or 
in  case  of  his  neglect  or  refusal,  any  person  interested  in  the 


CHARTER  OF  NEW  YORK  CITY.  415 


lands  taken  or  required  for  said  improvement  may  present  the 
same,  upon  notice  to  the  corporation  counsel. 

Report;  what  to  contain. 

§  985.  The  report  of  the  commissioners  shall  consist  of  the 
diagram  hereinbefore  referred  to,  duly  corrected,  when  neces- 
sary, with  a  tabular  abstract  of  the  estimate  and  assessment, 
with  any  corrections  or  alterations  thereof  by  said  commis- 
sioners, showing  fully  and  separately  to  the  said  court  the 
amount  of  loss  and  damage,  and  of  benefit  and  advantage  to 
each  and  every  owner,  lessee,  party  and  person  entitled  or  inter- 
ested in  any  lands,  tenements,  hereditaments,  or  premises 
affected  by  the  improvement.  In  said  report  the  commission- 
ers who  shall  make  the  same  shall  set  forth  the  names  of  the 
respective  owners,  lessees,  parties  and  persons  entitled  unto  or 
interested  in  the  said  lands,  tenements,  hereditaments,  and 
premises  mentioned  in  the  said  report,  and  each  and  every  part 
and  parcel  thereof,  as  far  forth  as  the  same  shall  be  ascertained 
by  them,  and  an  apt  and  sufficient  designation  or  description 
of  the  respective  lots  or  parcels  of  land  and  other  tenements, 
hereditaments  and  premises  that  may  be  required  for  the  pur- 
pose of  opening  such  street  or  park,  or  part  thereof  so  to  be 
opened,  or  laying  out  and  forming  or  extending  and  enlarging 
or  otherwise  improving  such  street  or  park  so  to  be  laid  out 
and  formed,  or  so  to  be  extended,  enlarged  or  otherwise  im- 
proved, as  the  case  may  be,  and  also  of  the  said  respective  lots 
or  parcels  of  land  and  other  tenements,  hereditaments  and 
premises  not  included  within,  but  deemed  to  be  benefited  by 
the  same,  and  so  assessed  by  the  said  commissioners  for  the 
said  benefit  as  aforesaid.  It  shall  refer  to  the  number  of  the 
tracts  and  parcels  indicated  by  said  diagrams,  and  state  the 
several  sums  respectively  estimated  for  as'  assessed  upon  each 
of  said  tracts  or  parcels,  with  the  name  or  names  of  the  owners 
or  claimants  of  each,  if  ascertained  by  said  commissioners. 
,  Whenever  the  said  commissioners  shall  be  unable  to  ascertain 
with  sufficient  certainty  the  name  of  any  owner  of  any  parcel 
of  said  lands,  they  shall  indicate  such  parcel  upon  the  diagram 
embracing  it,  as  belonging  to  unknown  owners.  It  shall  not 
be  necessary  in  said  report  to  describe  any  of  the  said  tracts 
or  parcels  by  metes  and  bounds,  but  only  by  reference  to  the 
said  diagrams.  It  shall  also  set  forth  the  several  and  respective 
sums  estimated  and  assessed  as  and  for  the  compensation  and 
recompense,  or  the  allowance  to  be  made  for  the  loss  and  dam- 
age, or  for  the  benefit,  as  the  case  may  be,  of  the  respective 


LAWS  OF  NEW  YORK. 


owners  of  the  fee  oi:  inheritance  of  such  lands,  tenements, 
liereditanients  and  premises  respectively,  and  for  the  loss  and 
damage,  or  for  the  benefit,  as  the  case  may  be,  of  the  respective 
owners  of  the  leasehold  estates  or  other  interests  therein  sepa- 
rately ;  but  in  all,  and  each  and  every  case  and  cases  where  the 
owners  and  parties  interested,  or  their  respective  estates  and 
interests  are  unknown,  or  not  fully  known  to  the  said  commis- 
sioners, it  shall  be  sufficient  for  them  to  estimate  and  assess  and 
set  forth  and  state  in  their  said  report,  in  general  terms,  the 
respective  sums  to  be  allowed  and  paid  to  or  by  the  owners  and 
proprietors  generally  of  such  said  lands,  tenements,  heredita- 
ments and  premises,  and  parties  interested  therein  for  the  loss 
and  damage,  or  for  the  benefit  and  advantage,  as  the  case  may 
be,  to  such  owners,  proprietors  and  parties  interested  in  respect 
of  the  whole  estate  and  interest  of  whomsoever  may  be  enti- 
tled to,  unto  or  interested  in  the  said  lands,  tenements,  here- 
ditaments and  premises  respectively,  by  and  in  consequence  of 
the  said  operation  and  improvement  of  opening,  laying  out, 
and  forming  or  extending,  enlarging  or  otherwise  improving 
the  said  street  or  park  or  section  thereof  so  to  be  opened  or  so 
to  be  laid  out  and  formed  or  extended,  enlarged,  or  otherwise 
improved,  as  the  case  may  be,  without  specifying  the  names 
of  the  estates  or  interests  of  such  owners  and  proprietors  and 
parties  interested,  or  of  any  or  either  of  them.  Said  commis- 
sioners of  estimate  and  assessment  may,  when  author- 
ized by  a  majority  vote  of  all  the  members  of  the  board  of 
estimate  and  apportionment,  make  up  and  file  a  preliminary 
abstract  of  their  estimate  of  damages,  separate  and  apart  from 
their  estimate  of  assessments  for  benefit,  embracing  either  the 
entire  lands,  tenements,  hereditaments,  and  premises  to  be  ac- 
quired or  successive  sections  or  parcels  thereof,  and  ascertain 
and  estimate  the  compensation  to  be  made  thereon  and  make  a 
separate  report  with  reference  thereto.  Such  separate  or 
partial  report  ,  shall  be  made  in  the  same  form  and  manner, 
and  such  proceedings  shall  be  had  in  respect  thereto,  as  in 
respect  to  the  report  of  the  commissioners  relative  to  the  en- 
tire lands  taken  and  assessed  as  herein  provided  for,  except 
that  the  final  or  last  separate  report  shall  contain  the  assess- 
ment for  benefit. 

Proceedings  upon  presentation  of  report  for  conflrmatioil. 

§  986.  The  application  for  the  confirmation  of  the  report 
shall  be  made  to  the  supreme  court,  at  a  term  thereof  held 
within  The  City  of  New  York  as  constituted  by  this  act,  and 


CHARTER  OF  NEW  YORK  OITY.  417 


in  the  judicial  department  within  which  the  lands  are  situated. 
Upon  the  coming  in  of  the  said  report,  signed  by  the  said 
commissioners,  or  any  two  of  them,  and  upon  the  hearing  of 
the  application  for  the  confirmation  thereof,  if  title  to  said 
lands  shall  not  have  been  theretofore  vested  in  The  City  of 
New  York,  or  if  said  lands  are  not  being  condemned  for  a 
public  park,  parkway,  public  square  or  place,  and  if  persons 
who  appear  by  the  said  report  to  be  interested,  either  by  assess- 
ment for  benefit  or  award  for  damages,  to  the  amount  of  a 
majority  in  amount  of  the  whole  assessments  and  awards,  shall 
appear  and  object  to  further  proceedings  upon  the  said  report, 
the  court  shall  order  the  proceeding  to  be  discontinued ;  other- 
wise the  said  court  shall  by  rule  or  order,  after  hearing  any 
matter  which  may  be  alleged  against  the  same,  either  confirm 
the  said  report  in  whole,  or  in  part,  or  refer  the  same,  or  a 
part  thereof,  to  the  said  commissioners  for  revisal  and  cor- 
rection, or  to  new  commissioners,  to  be  appointed  by  the  said 
court  to  reconsider  the  subject  matter  thereof,  and  the  said 
commissioners  to  whom  the  said  report  or  part  thereof  shall 
be  so  referred  shall  return  the  same  report  or  such  part  there- 
of, corrected  and  revised,  or  a  new  report  to  be  made  by  them 
in  the  premises  to  the  said  court  without  unnecessary  delay; 
and  the  same  on  being  so  returned  shall  be  confirmed  or  again 
referred  by  the  said  court  in  manner  aforesaid,  as  right  and 
justice  shall  require,  and  so  from  time  to  time  until  a  report 
shall  be  made  or  returned  in  the  premises,  which  the  said 
court  shall  wholly  confirm,  and  such  report,  when  so  con- 
firmed by  the  said  court,  shall,  unless  set  aside  or  reversed  on 
appeal,  be  final  and  conclusive,  as  well  upon  The  City  of  New 
York  as  upon  the  owners,  lessees,  persons,  and  parties  inter- 
ested and  entitled  unto  the  lands,  tenements,  hereditaments 
and  premises  mentioned  in  the  said  report;  and  also  upon  all 
other  persons  whomsoever. 

Duplicate  copies  of  report  to  be  filed. 

§  987.  Duplicate  copies  of  said  report  signed  by  the  said 
commissioners,  or  any  two  of  them,  shall  be  filed  by  the  cor- 
poration counsel  of  said  city,  one  in  the  office  of  the  comp- 
troller, and  the  other  in  the  office  of  the  clerk  of  the  supreme 
court,  where  the  order  confirming  said  report  is  entered. 

Appeals. 

§  988.  The  City  of  New  York  or  any  party  or  person  af- 
fected by  the  said  proceeding  and  aggrieved  by  the  said  re- 
port when  confirmed  as  aforesaid,  may  appeal  to  the  appel- 


418 


LAWS  OF  NEW  YORK. 


late  division  of  the  said  court.  Such  appeal  shall  be  taken 
and  heard  in  the  manner  provided  by  the  code  of  civil  pro- 
cedure and  the  rules  and  practice  of  the  said  court  in  relation 
to  appeals  in  special  proceedings,  and  such  appeal  shall  be 
heard  and  determined  by  such  appellate  division  upon  the 
merits  both  as  to  matters  of  law  and  fact  But  the  taking  of 
an  appeal  by  any  person  or  persons  shall  not  operate  to  stay 
the  proceedings  under  this  act,  except  as  to  the  particular 
parcel  of  real  estate  with  which  the  appeal  is  concerned ;  and 
the  order  confirming  the  said  report  shall  be  deemed  to  be 
final  and  conclusive  upon  all  parties  and  persons  affected 
thereby  who  have  not  appealed.  Such  appeals  shall  be  heard 
upon  the  evidence  taken  before  the  said  commissioners,  or 
such  part  or  portion  thereof  as  the  court  at  special  term  may 
certify,  or  the  parties  to  said  appeal  may  agree  upon  as  suf- 
ficient to  present  the  merits  of  the  questions  in  respect  to 
which  such  appeal  shall  be  had,  and  on  affidavits  as  to  irregu- 
larities which  have  been  presented  to  the  court  at  special 
term  upon  the  coming  in  of  such  report  of  said  commission- 
ers. When  an  order  confirming  a  report  shall  be  reversed 
upon  appeal,  the  commissioners  to  whom  such  report  shall 
be  referred  for  amendment,  correction,  or  revisal,  shall  have 
power  to  make  such  additional  assessment  as  may  be  neces- 
sary. 

Appeal  to  court  of  appeals  authorized. 

§  989.  An  appeal  to  the  court  of  appeals  may  be  taken  by 
the  city  or  any  person  or  party  interested  in  the  said  pro- 
ceeding and  aggrieved  by  the  order  of  the  appellate  division. 
Such  appeal  may  be  taken  within  sixty  days,  and  heard  in  the 
manner  provided  by  the  code  of  civil  procedure  and  the  rules 
and  practice  of  the  court  of  appeals  in  relation  to  appeals  in 
special  proceedings.  The  court  of  appeals  may  afifirm  or 
reverse  the  order  appealed  from,  and  may  make  such  order 
or  direction  as  shall  be  appropriate  to  the  case,  whether  for 
a  rehearing  of  the  same  before  the  commissioners,  or  for 
final  confirmation  of  the  report  or  otherwise.  If  the  report 
is  confirmed,  the  court  of  appeals  shall  enter  a  final  order  in 
the  proceedings  which  shall  be  binding  upon  all  persons  hav- 
ing any  interest  in  the  property  or  franchises  condemned, 
and  directing  that  compensation  be  made,  pursuant  to  the 
determination  of  the  commissioners,  and  the  city  shall  there- 
upon be  entitled  to  take  and  hold  forever  the  property  and 
franchises  condemned  for  the  public  use.    Payment  of  the 


CHARTEB  OF  NEW  YORK  CITY. 


410 


compensation  into  the  court  to  the  credit  of  any  person  or 
corporation  mentioned  in  said  order,  in  case  tender  thereof 
shall  have  been  refused  by  such  person  or  corporation,  shall 
be  deemed  a  payment  within  the  provisions  of  this  act. 

Vesting  of  title. 

§  990.  Should  the  board  of  estnnate  and  apportionment 
at  any  time  deem  it  for  the  public  interest  that  the  title  to  the 
lands  and  premises  required  for  any  street  or  park  heretofore 
or  hereafter  laid  out,  widened,  altered,  extended,  or  otherwise 
improved,  should  be  acquired  by  The  City  of  New  York  at  a 
fixed  or  specified  time^  the  said  board  of  estimate  and 
apportionment  may  direct,  by  a  three-fourths  vote,  where 
no  buildings  are  upon  such  lands,  that  upon  the  date  of  the 
filing  of  the  oath  of  the  commissioners  of  estimate  and  assess- 
ment, as  provided  for  in  this  chapter,  or  upon  a  specified  date 
thereafter,  and  where  there  are  buildings  upon  such  lands, 
that  upon  a  date  not  less  than  six  months  from  the  date  of 
the  filing  of  said  oath,  the  tit^e  to  any  piece  or  parcel  of  land 
lying  within  the  fines  of  any  such  street  or  park,  shall  be 
vested  in  The  City  of  New  York.  Thereafter^  when  the  said 
commissioners  shall  have  taken  and  filed  said  oath,  upon  the 
date  of  such  filing  or  upon  such  subsequent  date  as  may  be 
specified  where  no  buildings  are  upon  such  lands,  and 
where  there  are  buildings  upon  such  lands  upon  the 
date  specified  by  said  board  of  estimate  and  appor- 
tionment, either  before  or  after  the  filing  of  such  oath,  the 
same  being  not  less  than  six  months  from  the  date  of  said 
filing.  The  City  of  New  York  shall  become  and  be  seized  in 
fee  of  said  lands,  tenements,  and  hereditaments  in  the  said 
resolution  mentioned,  that  shall  or  may  be  so  required  as 
aforesaid,  the  same  to  be  held,  appropriated,  converted,  and 
used  to  and  for  such  purpose  accordingly,  in  like  manner  as 
are  other  public  streets  and  parks,  respectively,  in  the  said 
city.  In  such  cases  interest  at  the  legal  rate  upon  the  sum 
or  sums  to  which  the  owners,  lessees,  parties  or  persons  are 
justly  entitled  upon  the  date  of  the  vesting  of  title  in  The 
City  of  New  York,  as  aforesaid,  from  said  date  to  the  date  of 
the  report  of  the  commissioners  shall  be  allowed  by  the  com- 
missioners as  a  part  of  the  compensation  to  which  such 
owners,  lessees,  parties  or  persons  are  entitled.  In  all  other 
cases,  title,  as  aforesaid,  shall  vest  in  The  City  of  New  York 
upon  the  confirmation  by  the  court  of  the  report  of  the  com- 
missioners.     Upon  the  vesting  of  title  The  City  of  New 


420  LAWS  OF  NEW  YORK. 


York,  or  any  person  or  persons  acting  under  its  authority, 
may  immediately,  or  at  any  time  thereafter,  take  possession 
of  the  same,  or  any  part  or  parts  thereof,  without  any  suit  or 
proceeding  at  law  for  that  purpose.  The  title  acquired  by 
The  City  of  New  York  to  lands  and  premises  required  for  a 
street,  shall  be  in  trust,  that  the  same  be  appropriated  and 
kept  open  for,  or  as  part  of  a  public  street,  forever,  in  Hke 
manner  as  the  other  streets  in  the  city  are  and  of  right  ought 
to  be.  The  title  acquired  by  The  City  of  New  York  to  lands 
and  premises  acquired  for  a  park  shall  be  a  fee  simple  abso- 
lute. 

Within  what  time  proceedings  to  be  completed;  removal  of  com- 
missioners. 

§  991.  The  commissioners  appointed  in  pursuance  of  this 
title  shall  complete  said  proceedings  on  their  part  within  six 
months  from  the  time  of  their  appointment,  under  penalty  of 
forfeiting  all  fees  to  which  they  would  be  entitled,  unless  an 
extension  of  time  be  given  to  <hem  by  the  supreme  court, 
which  extension  shall  only  be  granted  in  the  discretion  of 
the  court,  upon  a  written  petition  containing  a  full  statement 
by  such  commissioners,  of  the  reasons  necessary  for  such  an 
extension,  and  upon  notice  to  the  corporation  counsel,  and 
to  the  parties,  or  their  attorneys  who  have  appeared  in  said 
proceeding.  At  least  five  days'  notice  of  the  ap- 
plication for  such  extension  shall  be  given  by  the 
corporation  counsel  to  all  persons  who  have  appeared 
in  said  proceedings,  and  have  specially  requested  that  notice 
of  any  such  application  be  served  upon  them.  Upon  such 
application,  the  court  shall  have  power  to  make  such  order 
in  the  premises  in  respect  to  the  time  and  manner  of  complet- 
ing the  report  of  said  commissioners,  and  in  respect  to  the 
taking  and  submission  of  the  proofs  of  the  parties  interested, 
as  will  enable  or  require  the  commissioners  to  complete  said 
proceedings  on  their  part  with  reasonable  dispatch;  and  if  it 
shall  appear  that  the  said  proceeding  has  been  delayed  by 
reason  of  the  inattention,  neglect  or  refusal  of  said  commis- 
sioners, or  any  of  them,  to  act  or  attend,  or  of  the  failure  of 
a  majority  of  them  to  agree  upon  a  report,  the  court  may 
remove  the  commissioner  or  commissioners  so  neglecting  or 
refusing,  or  the  commissioners  failing  to  agree,  and  appoint 
a  suitable  person  or  persons  in  his  or  their  place.  And  the 
said  court  may,  at  any  time,  remove  any  of  said  commissioners 


CHARTEB  OF  NEW  YORK  OITY. 


421 


of  estimate  and  assessment  who,  in  its  judgment,  shall  be 
incapable  of  serving,  or  who  shall,  for  any  reason,  in  its  judg- 
ment, be  an  unfit  person  to  serve  as  such  commissioner.  The 
cause  of  such  removal  shall  be  specified  in  the  order  making 
the  same. 

Owners  may  convey  to  the  city. 

§  992.  The  owners  of  land  and  of  all  the  estate  therein 
embraced  within  the  lines  of  any  street  laid  down  and  shown 
on  the  map  or  plan  of  The  City  of  New  York,  and  comprising 
all  the  land  within  said  lines  in  an  entire  block  in  extent,  may, 
without  compensation  and  at  their  own  expense,  convey  all 
their  right,  title,  and  interest  therein,  providing  the  same  shall 
be  free  from  incumbrances  inconsistent  with  the  title  to  be 
acquired  by  the  city,  to  The  City  of  New  York,  and  upon 
the  delivery  of  such  conveyances  to  the  corporation  counsel 
of  said  city  with  the  money  necessary  to  record  such  convey- 
ances, and  affidavits  made  by  all  such  owners  to  the  effect 
that  the  persons  making  them,  are  the  owners  of  the  estates 
in  such  lands  so  conveyed  by  them,  respectively,  and  stating 
their  interests,  and  that  such  estates  in  such  lands  are  free  of 
all  incumbrances,  except  as  aforesaid,  together  with  abstracts 
of  title  and  complete  searches,  if  desired  by  such  corporation 
counsel,  it  shall  be  the  duty  of  such  corporation  counsel  to 
examine  such  conveyances  and  papers,  and  if  such  title  shall 
not  be  rejected  for  good  cause,  by  such  corporation  counsel, 
he  shall  cause  the  said  conveyances  to  be  recorded  in  the  office 
in  which  conveyances  of  real  estate  are  recorded  in  the  county 
in  which  such  lands  are  located  within  sixty  days  after  their 
delivery  to  him,  and  file  them  with  the  comptroller  of  such 
city,  and  thereupon  The  City  of  New  York  shall  become  vested 
with  the  title  to  said  lands  to  the  same  effect  and  extent  as  if 
they  had  been  acquired  by  a  proceeding  taken  for  the  opening 
of  that  portion  of  said  street;  after  the  making  and  acceptance 
of  such  conveyances,  no  proceedings  to  open  the  lands  so  con- 
veyed shall  be  taken  or  maintained,  nor  shall  the  lands  front- 
ing on  that  portion  of  the  street  so  conveyed,  and  extending 
to  the  centre  of  the  block  on  either  side  of  such  portion  of  said 
street  so  conveyed,  be  chargeable  with  any  portion  of  the 
expense  of  opening  the  residue  or  any  portion  of  the  residue 
'  of  such  street,  except  the  due  and  fair  proportion  of  the 
awards  that  may  be  made  for  buildings  as  aforesaid.  - 


LAWS  OF  NEW  YORK. 


Subdivision  of  plots. 

§  993.  If,  at  any  time  after  the  filing  of  the  maps  showing 
the  laying  out  of  streets  by  proper  municipal  authority,  the 
owner  or  owners  of  any  lot  of  land  bounded  on  all  sides  by 
streets,  and  not  laid  out  as  and  for  a  public  square,  place  or 
park,  shall  desire  to  subdivide  such  plot  and  give  public  right- 
of-way  into  or  through  such  plot,  he,  she,  or  they  may  submit 
two  sets  of  maps,  plans,  or  surveys  of  such  plot  and  of  such 
proposed  right-of-way,  showing  the  width,  which  shall  not  be 
less  than  thirty  feet,  and  the  location,  extent,  and  direction  of 
the  same,  and  the  proposed  grade  therefor,  to  the  local 
boards  of  the  borough  where  said  land  is  located 
for  approval;  and  if  the  same  shall  be  approved  by 
said  local  boards  at  a  joint  session  thereof,  and  the  owner  or 
owners  aforesaid  shall  immediately  thereafter  convey  in  such 
form  as  shall  be  approved  by  the  corporation  counsel,  the  title 
to  the  land  required  for  such  right-of-way,  free  and  clear  from 
all  incumbrances,  to  The  City  of  New  York  in  trust  as  and  for 
a  public  street,  the  same  shall  from  that  time  be  and  become  an 
opened  public  street,  the  same  as  if  it  had  been  laid  out  and 
opened  as  other  streets  are  or  ought  to  be;  and  the  maps,  plans, 
or  surveys  thereof,  and  of  the  grades  therefor,  aforesaid,  shall 
immediately  thereafter  be  certified  by  the  city  clerk,  and  one 
set  thereof  shall  be  filed  and  remain  of  record  in  the  office  in 
which  conveyances  of  real  estate  are  recorded  in  the  county  in 
which  such  land  is  located,  and  the  other  set  thereof  in  the 
office  of  the  corporation  counsel  of  said  city. 

City  may  agree  with  owners. 

§  994.  It  shall  be  lawful  for  the  city  at  any  time  or  times, 
either  before  or  after  the  appointment  of  commissioners  in  the 
premises,  for  any  of  the  purposes  aforesaid,  to  agree  with  the 
owners,  lessees,  parties,  or  persons  entitled  unto  or  interested 
in  the  lands,  tenements,  hereditaments,  and  premises,  that 
either  will  be  benefited  by,  or  may  be  required  for  the  purpose 
of,  making  the  operation  and  improvement  intended  to  be 
made,  or  with  any  or  with  either  of  such  owners  or  other 
parties  interested  therein,  for  and  about  the  cession  of  the 
lands,  tenements,  hereditaments,  and  premises  required  of  him, 
her,  or  them,  respectively,  for  the  purpose  of  making  such  said 
intended  operation  and  improvement,  and  for  and  about  the 
compensation  and  recompense  to  be  made  to  him,  her,  or  them, 
for  the  same,  or  for  and  about  the  allowance,  or  sum  or  sums 
to  be  allowed  and  paid  by  such  owners  and  parties,  respect- 


CHAIITER  OF  NEW  YOUK  CITY.  423 


ively,  or  by  any,  or  either,  of  them,  for  the  benefit  and  advan- 
tage of  the  street  or  park  or  section  thereof  so  to  be  opened, 
or  laid  out  and  formed,  or  the  extension,  enlargement,  or  other 
improvement  of  the  street  or  park  so  to  be  extended,  enlarged, 
or  otherwise  improved,  to  him,  her,  or  them,  over  and  above 
the  value  of  the  lands,  tenements,  hereditaments  and  premises, 
that  may  be  required  if  any  lands,  tenements,  hereditaments 
or  premises  shall  be  required  of  him,  her  or  them,  for  the  pur- 
pose of  opening,  laying  out,  and  forming  or  extending,  enlarg- 
ing, or  otherwise  improving  the  same,  and  in  case  of  any  such 
agreement  or  agreements,  with  part  only  of  the  said  owners 
and  parties  entitled  unto  and  interested  in  the  said  lands,  tene- 
ments, hereditaments,  and  premises  so  required  for  the  pur- 
pose of  making  any  such  operation  and  improvement  as  afore- 
said, or  to  be  benefited  thereby,  the  same  shall  be  valid  and 
binding  upon  the  parties  thereto,  and  the  said  commissioners 
shall,  nevertheless,  enter  upon  and  make  or  proceed  with  their 
said  estimate  and  assessment,  and  make  report  to  the  said 
court,  as  to  the  residue  of  the  said  lands,  tenements,  heredita- 
ments, and  premises  required  for  the  said  purpose  of  making 
such  said  operation  and  improvement,  or  to  be  benefited  there- 
by, concerning  which  the  owners  thereof  and  parties  interested 
therein  shall  not  agree;  and  the  said  report,  when  confirmed, 
shall  be  of  like  force  and  effect  in  regard  to  the  matters  com- 
prised therein,  as  if  no  such  agreement  as  to  the  part  of  the 
premises  had  been  made. 

City  entitled  to  compensation  and  liable  to  assessment. 

§  995.  If  any  lands,  tenements,  hereditaments  or  premises 
belonging  to  The  City  of  New  York,  or  wherein  it  may  be 
interested,  shall  be  required  for  any  of  the  purposes  afore- 
said, or  shall  be  benefited  by  any  such  operation  and  improve- 
ment as  hereinbefore  mentioned,  the  city  shall  be  entitled  to 
compensation  and  recompense  for  the  loss  and  damage  it 
may  sustain,  and  shall  be  bound  to  allow  and  pay  for  the 
benefit  and  advantage  it  may  be  deemed  to  acquire  thereby, 
in  like  manner  as  other  owners  and  proprietors  of  lands  and 
premises  required  for  the  purpose  of  making  the  said  opera- 
tion and  improvement,  or  deemed  to  be  benefited  thereby; 
and  it  shall  be  lawful  for  the  said  commissioners  of  estimate 
and  assessment,  and  they  are  hereby  directed  in  such,  each 
and  every  case,  to  estimate  and  assess  upon  the  principals, 
and  in  the  manner  herein  aforesaid;  and  to  report  the  sum 
or  sums  which,  in  their  opinion,  ought  to  be  allowed  and 


424 


LAWS  OF  NEW  YORK. 


paid  to  or  by  the  city  for  the  said  loss  and  damage,  or  for 
the  said  benefit  or  advantage,  as  the  case  may  be,  to  the 
city,  by  and  in  consequence  of  said  operation  and  improve- 
ments of  opening  the  said  street  or  park,  or  section  thereof 
so  to  be  opened,  or  laying  out,  or  forming,  or  extending,  en- 
larging or  otherwise  improving  the  same,  so  to  be  laid  out 
and  formed,  or  extended,  enlarged  or  otherwise  improved, 
as  the  case  may  be.  It  shall  not,  however,  be  lawful  to  lay 
or  impose  any  assessment  whatever  on  any  public  park, 
square,  or  place,  or  street,  road  or  avenue,  but  all  such  assess- 
ments which  may  be  properly  payable  by  the  city  shall  be 
assessed  against  it  in  a  gross  sum  in  each  and  every  such 
proceeding. 

Contracts  of  landlord  and  tenant;  how  affected. 

§  996.  In  all  cases  where  the  whole  of  any  lot  or  parcel  of 
land  or  other  premises,  under  lease  or  other  contract,  shall 
be  taken  for  any  of  the  purposes  aforesaid,  by  virtue  of  this 
title,  all  the  covenants,  contracts  and  engagements  between 
landlord  and  tenant,  or  any  other  contracting  parties,  touch- 
ing the  same,  or  any  part  thereof,  shall,  upon  the  vesting  of 
the  title  in  The  City  of  New  York,  cease  and  determine  and 
be  absolutely  discharged ;  and  in  all  cases  where  part  only  of 
any  lot  or  parcel  of  land,  or  other  premises,  so  under  lease 
or  other  contract,  shall  be  so  taken  for  any  of  the  purposes 
aforesaid,  all  contracts  and  engagements  respecting  the  same 
shall,  upon  such  vesting  of  title,  cease,  determine  and  be 
absolutely  discharged  as  to  the  part  thereof  so  taken,  but 
shall  remain  valid  and  obligatory  as  to  the  residue  thereof, 
and  the  rents,  considerations  and  payments  reserved  or  pay- 
able, and  to  be  paid,  for  or  in  respect  to  the  same,  shall  be 
so  apportioned  as  that  the  part  thereof  justly  and  equitably 
payable,  or  that  ought  to  be  paid,  for  such  said  residue 
thereof,  and  no  more  shall  be  demanded  or  paid,  or  recovera- 
ble, for  or  in  respect  of  the  same. 

Corporation  counsel  to  represent  interests  of  city  before  commis- 
sioners, and  provide  clerks  and  offices;  expenses. 

§  997.  It  shall  be  the  duty  of  the  corporation  counsel  to 
furnish  the  commissioners  of  estimate  and  assessment  who 
may  be  appointed  in  any  proceeding  to  open,  widen,  extend, 
alter,  or  close  any  street,  park  or  parkway  in  said  city,  such 
necessary  clerks  and  other  employes,  and  to  provide  such 
suitable  offices  as  they  may  require  to  enable  them  to  fully 


CHARTER  OF  NEW  YORK  CITY. 


425 


and  satisfactorily  discharge  the  duties  imposed  upon  them  by 
this  chapter;  the  corporation  counsel  shall,  either  in  person 
or  by  such  assistant  or  counsel  as  he  shall  designate  for  the 
purpose,  appear  for  and  protect  the  interests  of  the  city  in  all 
proceedings  in  court  and  before  the  commissioners.  All  ex- 
penses for  searcher's  or  surveyor's  fees,  and  such  other  nec- 
essary expenses  and  disbursements  which  The  City  of  New 
York  shall  incur  under  the  provisions  of  this  section  shall  be 
paid  by  the  comptroller  out  of  the  fund  for  street  and  park 
openings  provided  for  by  existing  laws,  and  shall  be  borne  and 
reimbursed  and  paid  to  The  City  of  New  York  by  the  parties 
and  persons  interested  and  entitled,  as  owners  or  otherwise, 
unto  and  in  the  lands,  tenements,  hereditaments,  and  premises 
deemed  to  be  benefited  thereby,  and  the  same  shall  be  in- 
cluded in  and  taxed  by  the  court,  upon  due  proof  of  the  ser- 
vices rendered,  and  disbursements  charged  as  part  of  the 
necessary  costs  and  expenses  of  the  said  proceedings;  but 
such  expenses  and  disbursements  shall  not  be  included  in  the 
assessments  for  benefit  until  after  they  have  been  taxed  be- 
fore a  justice  of  the  supreme  court,  in  the  appropriate  depart- 
ment. 

Other  costs  and  charges. 

§  998.  Except  as  hereinbefore  otherwise  provided,  no  costs 
or  charges  of  the  said  commissioners  or  others  shall  be  paid 
or  allowed  for  any  service  performed  under  this  title,  unless 
the  same  shall  be  taxed  by  the  said  court  after  notice  given  as 
provided  in  the  following  section.    Upon  such  taxation,  due 
proof  of  the  nature  and  extent  of  the  services  rendered  and 
disbursements  charged  shall  be  furnished,  and  no  unneces- 
sary cost  or  charges  shall  be  allowed.    Each  of  the  commis- 
sioners of  estimate  and  assessment  shall  receive  ten  dollars  for 
each  day  upon  which  he  attends  a  meeting  of  the  said  com- 
missioners and  is  actually  and  necessarily  employed  in  the  per- 
formance of  the  duties  imposed  upon  them  by  this  act,  at  the 
ofiices  provided  for  said  commissioners  by  the  bureau  of  street 
openings  in  the  law  department,  or  at  a  meeting  of  the  com- 
missioners to  view  the  premises.     All  such  costs,  fees 
and  expenses  or  disbursements,  which  by  law  are  re- 
quired to  be  taxed  as  in  this  chapter  provided,  shall  be  stated 
^  in  detail  in  the  bill  of  costs  and  charges  and  expenses,  and 
shall  be  accompanied  by  such  proof  of  the  reasonableness 
and  necessity  thereof,  as  is  now  required  by  law  and  the 
practice  of  the  said  court  upon  taxation  of  costs  and  disburse- 
ments in  other  special  proceedings  or  actions  in  said  court. 


420 


LAWS  OF  NEW  YOKK. 


Taxation  of  costs. 

§  999.  A  bill  of  said  costs,  charges,  and  expenses  shall  be 
filed  in  the  office  of  the  clerk  of  the  county  in  which  the  order 
appointing  the  said  commissioners  has  been  entered,  at  least 
ten  days  before  the  same  shall  be  presented  for  taxation. 
Xhere  shall  be  annexed  a  statement  of  the  amounts,  if  any, 
previously  taxed,  to  whom  the  same  were  payable,  and  the  date 
of  such  taxation.  A  notice  of  at  least  ten  days  shall  be  pub- 
lished in  the  "  City  Record, "  and  the  corporation  newspapers, 
and  served  upon  the  corporation  counsel,  of  the  time  and 
place  of  taxing  said  costs,  charges,  and  expenses,  which  shall 
be  thereupon  taxed  by  a  justice  of  the  supreme  court,  or  a 
referee  under  his  special  order,  and  before  the  report  of  said 
commissioners  shall  be  presented  for  confirmation.  It  shall 
be  the  duty  of  the  corporation  counsel  tO'  present  to  the  jus- 
tice or  referee  upon  such  taxation  his  certificate  in  writing 
that  the  items  of  costs,  charges  and  expenses  have  been 
audited  and  examined  by  him,  and  also  setting  forth  the  re- 
sult of  such  audit  and  examination.  On  said  final 
taxation  there  may  be  a  retaxation  of  any  bill  previously 
taxed  in  the  same  proceeding,  if  sufficient  reason  therefor  be 
made  to  appear. 

Discontinuance  of  proceedings. 

§  1000.  The  board  of  estimate  and  apportionment  is 
authorized  and  empowered  to  discontinue  any  and  all 
legal  proceedings  taken  for  opening,  widening,  straight- 
ening, extending,  altering,  or  closing  streets  or  parks,  or  parts 
thereof,  at  any  time  before  title  to  the  lands  and  premises  to 
be  thereby  acquired  shall  have  vested  in  The  City  of  New  York, 
if,  in  its  opinion,  the  public  interest  requires  such  discontinuance, 
and  with  power  to  cause  new  proceedings  to  be  taken  in  such 
cases  for  the  appointment  of  new  commissioners.  But 
in  the  case  of  such  discontinuance  the  reasonable  actual 
cash  disbursements  necessarily  incurred  and  made  in  good 
faith  by  any  party  interested  shall  be  paid  by  The  City  of 
New  York  after  the  same  shall  have  been  taxed  by  a  justice 
of  the  supreme  court,  or  by  a  referee  under  his  special  order, 
upon  ten  days'  notice  of  such  taxation  being  previously  given 
to  the  corporation  counsel. 

Damages  for  land  taken;  when  to  be  paid. 

§  I  GO  I.  All  damages  awarded  by  the  commissioners  of  esti- 
mate and  assessment  with  interest  thereon  from  the  date  of 
said  report,  and  all  costs  and  expenses  which  may  be  taxed. 


CHARTER  OF  NEW  YORK  CITY. 


427 


shall  be  paid  by  The  City  of  New  York  to  the  respective  per- 
sons and  bodies  politic  or  corporate  mentioned  or  referred  to 
in  said  report,  or  in  whose  favor  such  costs  or  expenses  shall 
be  taxed.  Interest  shall  cease  to  run  on  sums  awarded  as 
damages  six  months  after  the  date  of  the  confirmation  of  said 
report  unless  within  that  time  demand  therefor  be  made  upon 
the  comptroller.  Said  damages,  costs,  and  expenses  shall  be 
paid  from  the  fund  for  street  and  park  openings  provided  for 
in  this  act,  and  by  existing  laws.  The  person  or  persons  to. 
whom  awards  shall  be  made  in  such  proceedings,  and  the  per- 
son or  persons  in  whose  favor  costs  and  expenses  may  be  taxed, 
shall  not  have  an  action  at  law  against  The  City  of  New 
York  for  such  awards,  costs,  or  expenses,  but  the  court  in 
which  said  proceedings  have  been  had,  upon  the  application 
of  any  such  person  or  persons,  in  case  of  the  failure  of  the 
comptroller  of  said  city  to  pay  the  same  within  thirty  days 
after  demand  therefor,  shall  require  and  direct  the  comptroller 
to  pay  said  awards,  costs,  and  expenses  from  the  said  fund, 
and  enforce  said  order  or  mandate  in  the  same  manner  as 
other  orders  and  mandates  of  said  court  are  enforced. 
Provided,  however,  that  whenever  the  amount  of  damages 
awarded  in  any  report,  together  with  the  costs  of  the  commis- 
sioners, shall  exceed  the  balance  remaining  in  said  fund  after 
deducting  all  outstanding  claims  against  said  balance,  the 
comptroller  shall  and  he  is  hereby  authorized  to  raise,  by  the 
issue  and  sale  of  revenue  bonds,  such  amounts  as  shall  be 
necessary  to  pay  such  damages,  costs,  and  expenses,  and  said 
court,  upon  the  application  of  any  person  or  persons  in  whose 
favor,  or  to  whom  awards  shall  be  made  in  such  proceeding, 
and  the  person  or  persons  in  whose  favor  costs  and  expenses 
may  be  taxed,  may  require  or  direct  the  comptroller  to  raise 
the  money  necessary  to  enable  him  to  pay  such  awards,  costs 
and  expenses,  and  from  such  fund  to  pay  the  same,  except  that 
when  any  sum  or  sums  shall  in  said  report  be  made  to  unknown 
owners,  the  supreme  court  shall,  upon  the  application  of  said 
city  of  New  York,  or  of  any  person  entitled  to,  or  claiming 
to  be  interested  in  the  lands,  tenements,  or  hereditaments  for 
which  said  awards  have  been  made,  or  any  part  thereof,  either 
direct  the  same  to  be  retained  by  the  comptroller,  or  to  be  paid 
into  the  supreme  court,  until  the  title  thereto,  or  of  the  respect- 
ive estates  and  interests  of  all  parties  therein  shall  be  deter- 
mined by  said  court,  and  upon  such  application,  the  said  court 
may  take  the  proof  and  testimony  of  the  claimant  or  claimants, 
or  parties  interested  in  the  lands  for  which  said  awards  have 
been  made,  or  refer  the  matter  to  a  referee  for  such  purpose. 


420 


LAWS  OF  NEW  YORK. 


Moneys  of  persons  under  disability;  how  disposed  of;  moneys  paid 
to  wrong  person. 

§  I002.  Whenever  the  owners  and  proprietors  of  any  such 
lands,  tenements^  hereditaments  and  premises  so  to  be  taken 
for  any  of  the  purposes  aforesaid  or  the  party  or  parties,  person 
or  persons  interested  tlierein,  or  any,  or  either  of  them,  the 
said  owners,  proprietors,  parties  or  persons  in  whose  favor 
any  such  sum  or  sums,  or  compensation  shall  be  so  reported, 
shall  be  under  the  age  of  twenty-one  years,  non  compos 
mentis,  or  absent  from  The  City  of  New  York,  and 
also  in  all  cases  where  the  name  or  names  of  the  owner  or 
owners,  parties  or  persons  entitled  unto  or  interested  in  any 
lands,  tenements,  hereditaments,  or  premises  that  may  be  so 
taken  for  any  of  the  purposes  aforesaid,  shall  not 
be  set  forth  or  mentioned  in  the  said  report,  or 
where  the  said  owners,  parties,  or  persons,  respectively,  being 
named  therein,  can  not  upon  diligent  inquiry  be  found,  it 
shall  be  the  duty  of  the  city  to  pay  the  sum  or  sums 
mentioned  in  the  said  report,  payable,  or  that  would 
be  coming  to  such  owners,  proprietors,  parties,  and 
persons,  respectively,  into  the  said  supreme  court,  to  be  secured, 
disposed  of,  and  invested  as  the  said  court  shall  direct,  and 
such  payment  shall  be  as  valid  and  effectual,  in  all  respects, 
as  if  made  to  the  said  owners,  proprietors,  parties,  and  persons, 
respectively,  themselves,  according  to  their  just  rights,  as  if 
they  had  been  known  and  had  all  been  present,  of  full  age, 
and  compos  mentis;  and  in  default  of  such  payment 
the  said  city  of  New  York  shall  be  and  remain  liable  for  the 
amount  of  the  said  sums  of  money  with  lawful  interest 
thereon  from  a  day  one  year  after  the  date  upon  which 
title  vested  in  The  City  of  New  York  to  the  person  or 
persons  who  may  thereafter  be  found  entitled  to  the 
same.  And  provided  also,  that  in  all,  and  each,  and  every 
case  and  cases,  where  any  such  sum  or  sums,  or  com- 
pensations, so  to  be  reported  by  the  said  commissioners 
in  favor  of  any  person  or  persons,  or  party  or  parties 
whatsoever^  whether  named  or  not  named  in  the  said  report, 
shall  be  paid  to  any  person  or  persons,  or  party  or  parties 
whomsoever,  when  the  same  shall  of  right  belong,  and  ought 
to  have  been  paid,  to  some  other  person  or  persons,  or  party 
or  parties,  it  shall  be  lawful  for  the  person  or  persons,  or  party 
or  parties,  to  whom  the  same  ought  to  have  been  paid,  to  sue 
for  and  recover  the  same,  with  lawful  interest  and  costs  of 
suit,  as  so  much  money  had  and  received  to  his,  her  or  their 


CHARTER  OF  NEW  YORK  CITY.  429 


use,  by  the  person  or  persons,  party  or  parties,  respectively,  to 
whom  the  same  shall  have  been  so  paid. 

Sums  to  be  equally  and  proportionately  assessed. 

§  1003.  All  moneys  paid  under  the  provisions  of  this 
title  by  the  city,  except  such  part  thereof  as  the 
board  of  estimate  and  apportionment  shall  direct  to  be 
borne  and  paid  by  The  City  of  New  York,  shall  be  assessed 
equally  and  proportionately,  as  far  as  the  same  may  be  practi- 
cable, upon  the  lands  and  premises  benefited  by  the  improve- 
ment, and  shall  be  a  lien  and  charge  thereon,  and  shall  be  applied, 
levied  and  collected  in  the  manner  provided  by  law  for  the 
assessment,  levy,  and  collection  of  similar  expenses  and  dis- 
bursements for  the  reimbursement  of  the  city  treasury. 

Sums  assessed  to  be  liens.  * 

§  1004.  The  respective  sums  or  assessments  so  to  be  assessed 
and  reported  by  the  said  commissioners  of  estimate  and  assess- 
ment, as  and  for  the  allowance  to  be  made  by  the  parties  and 
persons,  respectively,  in  the  said  report  mentioned  or  referred 
to,  and  intended  as  owners  and  proprietors  of,  or  parties  inter- 
ested in,  lands  and  premises  deemed  to  be  benefited,  for  the 
benefit  and  advantage  of  the  street  or  park  or  section  thereof, 
or  of  the  extension,  enlargement,  or  other  improvement  of 
the  street  or  park  mentioned  in  the  said  report,  shall  be  a  lien 
or  charge  on  the  lands,  tenements,  hereditaments,  and  prem- 
ises, in  the  said  report  of  the  said  commissioners  mentioned, 
or  upon  the  estate  and  interests  of  the  respective  owners, 
lessees,  and  parties  interested  in  such  said  lands,  tenements, 
hereditaments,  and  premises  for  or  on  account  of  which  the 
said  respective  sums  shall  be  so  assessed  by  the  said  commis- 
sioners upon  the  said  respective  owners  and  proprietors  there- 
of, or  parties  interested  therein.  The  owners,  proprietors  and 
parties  interested  therein,  and  also  the  occupants,  and  each 
and  every  of  them,  shall,  moreover,  be  respectively  liable  to 
pay  on  demand  the  respective  sum  or  sums  or  assessments 
mentioned  in  the  said  report  of  the  commissioners,  at  which 
the  respective  lands,  tenements,  hereditaments  and  premises  so 
owned  or  occupied  by  him,  her,  or  them,  or  wherein  he,  she, 
or  they  are  so  interested,  or  at  which  the  owners  and  proprie- 
tors thereof  shall  be  so  assessed,  to  such  person  or  persons  as 
the  city  shall  appoint  to  receive  the  same.  The  said  respective 
sums  or  assessments,  with  interest  as  in  this  act  provided,  may 
be  recovered  with  all  costs  and  charges  by  the  city  from  and 


430 


LAWS  OF  KEW  YORK, 


against  the  parties  assessed,  or  the  owner  or  owners  of  the 
respective  lands,  tenements,  hereditaments  and  premisch 
whereon  or  in  respect  of  which  the  same  may  be  assessed,  or 
set  forth  in  the  said  report  of  the  commissioners,  or  from  or 
against  any  or  either  of  the  said  parties  or  owners,  without 
joining  any  other  or  others  of  them,  the  said  parties  or  owners 
therein,  by  action;  provided,  that  nothing  herein  contained 
shall  affect  any  agreement  between  landlord  and  tenant,  or 
any  other  contracting  parties  respecting  the  payment  of  any 
such  assessment  or  charges,  but  they  shall  be  answerable  to 
each  other  in  tlie  same  manner  as  if  the  provisions  in  this  title 
contained  concerning  the  same  had  never  been  made;  and  if 
any  money  so  to  be  assessed,  be  paid  by  or  collected  or  recov- 
ered from  any  person  or  persons  when  by  agreement  or  by 
law  the  same  ought  to  have  been  borne  and  paid  by  some  other 
person  or  persons,  it  shall  be  lawful  for  the  person  or  persons 
paying  the  same,  or  from  whom  the  same  shall  be  recovered, 
by  suit  or  otherwise,  to  sue  for  and  recover  the  money  so  paid 
by  or  recovered  from  him  or  them,  with  interest  and  costs,  as 
so  mucli  money  paid  for  the  use  of  the  person  or  persons  who 
ought  to  have  paid  the  same,  and  the  said  report  of  the  com- 
missioners, with  proof  of  payment,  shall  be  conclusive  evi- 
dence in  such  suit. 

Comptroller  to  publish  notice  of  confirmation  of  assessment,  etc. 

§  1005.  It  shall  be  the  duty  of  the  corporation  counsel  to 
transmit  to  the  comptroller,  immediately  after  the  confirmation 
of  any  assessment  for  a  street  or  park  opening,  a  duplicate  copy 
of  the  report  of  the  commissioners  of  estimate  and  assessment 
relating  thereto,  and  if  such  assessment  affects  property  in  bor- 
oughs other  than  the  borough  of  Manhattan,  a  copy  of  the 
assessment  list,  and  a  certified  copy  of  the  order  of  the  supreme 
court  confirming  the  same,  and  it  shall  thereupon,  be  the  duty 
of  the  comptroller  to  give  public  notice  by  advertisement,  for 
at  least  ten  days  in  the  "  City  Record,"  and  the  corporation 
newspapers,  as  soon  as  practicable  and  within  ten  days  after 
receipt  thereof,  that  the  same  has  been  confirmed,  specifying 
the  title  of  such  assessment,  the  date  of  its  confirmation  by  the 
supreme  court,  and  also  the  date  of  entry  in  the  record  of  titles 
of  assessment  kept  in  the  bureau  for  the  collection  of  assessments 
and  of  arrears  of  taxes  and  assessments,  and  of  water  rents, 
notifying  all  persons,  owners  of  property  affected  by  any  such 
assessment,  that,  unless  the  amount  assessed  for  benefit  on  any 
person  or  property  shall  be  paid  within  sixty  days  after  the  date 


CHAKTEK  OJb^  i^EVV  YOEK  OlTY. 


431 


of  said  entry  of  any  such  assessment,  interest  shall  thereafter 
be  collected  thereon  as  provided  in  the  following  section ;  and 
all  provisions  of  law  or  ordinance  requiring  any  other  or  differ- 
ent notice  of  assessments  and  interest  thereon  are  repealed. 

Interest  to  be  charged  if  not  paid  in  sixty  days. 

§  1006.  If  any  such  assessment  shall  remain  unpaid  for  the 
period  of  sixty  days  after  the  date  of  entry  thereof  in  the 
said  record  of  titles  and  assessments,  it  shall  be  the  duty  of 
the  officer  authorized  to  collect  and  receive  the  amount  of  such 
assessment,  to  charge,  collect  and  receive  interest  thereon,  at 
the  rate  of  seven  per  centum  per  annum;  to  be  calculated 
to  the  date  of  payment  from  the  date  when  such  assessment 
became  a  lien  as  provide4  by  section  one  hundred  and  fifty- 
nine  of  this  act. 

Interest  limited  to  excess  in  certain  cases. 

§  1007.  Whenever  an  estimate  and  assessment  for  loss  and 
damage,  and  for  benefit  and  advantage  shall  be  made  by  the 
commissioners  of  estimate  and  assessment  relative  to  the  same 
person  or  persons,  no  interest  shall  be  demanded  from  such 
person  or  persons  upon  the  amount  assessed  for  the  benefit 
and  advantage,  except  on  the  excess  of  the  amount  he  is  to  pay 
over  and  above  the  amount  he  is  to  receive  for  or  in  conse- 
quence of  any  intervening  time  between  the  period  fixed  for 
the  receipt  of  the  amount  of  benefit  and  advantage  and  the 
payments  of  the  amount  of  loss  and  damage. 

Notices  in  proceedings  to  open  streets;  how  published. 

§  1008.  Any  notice  now  required,  or  hereafter  to  be  re- 
quired, by  law  to  be  published  in  any  proceeding  for  the 
opening,  extending,  widening  or  altering  any  street  or  park 
in  said  city,  shall  hereafter  be  published  in  the  ''City  Record," 
and  the  corporation  newspapers.  Whenever  handbills  now 
or  hereafter  may  be  required  by  law  to  be  posted  in  any  such 
proceeding,  they  shall  be  posted  or  affixed  with  paste 
or  other  adhesive  substance  in  three  conspicuous  places 
upon  or  near  the  lands  to  be  taken  in  such  proceeding,  and 
proof  of  such  posting  shall  be  sufficient  evidence  without 
further  proof  of  said  notice  having  remained  posted  during 
the  whole  of  the  period  required  by  law. 

Application  of  previous  sections. 

§  1009.  Nothing  contained  in  title  three  of  this  chapter  re- 
lating to  the  vacating  and  reduction  of  assessments  shall  ap- 
ply to  assessments  made  pursuant  to  this  title. 


432 


LAWS  Oi^^  KEW  YOKK. 


What  included  in  word  "  street  "  as  used  in  chapter. 

§  loio.  Whenever  the  word  "  street,"  or  the  plural 
thereof,  occurs  in  this  chapter  it  shall  be  deemed  to  include 
all  that  is  included  by  the  terms,  "  street,  avenue,  road,  alley, 
lane,  highway,  boulevard,  concourse,  public  square  and  pub- 
lic place,"  or  the  plurals  thereof,  respectively. 

Order  appointing  commissioners  to  be  filed  in  register's  or  county 
clerk's  office. 

§  ion.  It  shall  be  the  duty  of  the  corporation  counsel, 
within  ten  days  after  the  entry  of  an  order  appointing  com- 
missioners in  a  proceeding  authorized  by  this  title,  to  file  a 
copy  of  such  order  in  the  office  of  the  register  or  county 
clerk  of  the  county  in  which  the  land  to  be  acquired  is  located. 
There  shall  be  endorsed  upon  such  copy  order  a  reference  to 
the  section  and  block  or  the  sections  and  blocks  on  the  land 
map  of  such  county  which  include  the  land  to  be  taken  by 
such  proceeding  or  abut  thereon.  The  register  or  county 
clerk  with  whom  such  copy  order  shall  be  filed  shall  index 
in  the  index  of  conveyances  on  each  block  so  endorsed  on 
said  copy  order  a  statement  giving  the  title  of  said  proceed- 
ing and  the  date  of  the  entry  of  said  order. 

TITLE  5. 

Sales  of  Lands  for  Taxes,  Assessments  and  Water  Rates, 
When  taxes  and  water  rents  to  be  liens  on  lands  assessed. 

§  1017.  All  taxes  and  all  assessments  for  local  improve- 
ments and  all  water  rents,  and  the  interest  and  charges  thereon, 
which  may,  in  The  City  of  Nev/  York,  as  by  this  act  constituted, 
hereafter  be  laid  or  may  have  heretofore  been  laid,  upon  any 
real  estate  now  in  said  city,  shall  continue  to  be,  until  paid,  a  lien 
thereon,  and  shall  be  preferred  in  payment  to  all  other  charges. 
No  assessments  for  any  local  improvements  shall  be  deemed 
to  be  fully  confirmed,  so  as  to  be  due  and  be  a  lien  upon  the 
property  included  in  the  assessment,  until  ten  days  after  the 
title  thereof,  with  the  date  of  confirmation  shall  be  entered  with 
the  date  of  such  entry,  in  a  record  of  the  titles  of  assessments 
confirmed,  to  be  kept  in  the  office  of  the  collector  of  assessments 
and  arrears. 

Comptroller  to  publish  notice  of  confirmation  of  assessments 

§  1 01 8.  It  shall  be  the  duty  of  the  comptroller  to  give 
public  notice,  by  advertisement,  for  at  least  ten  days,  in  the  City 
Record  and  the  corporation  newspapers,  as  soon  as  prac- 


CHARTER  OF  NEW  YORK  CITY. 


433 


ticable  and  within  ten  days  after  the  confirmation  of  any  as- 
sessment, for  a  local  improvement,  that  the  same  has  been 
confirmed,  specifying  the  title  of  such  assessment,  and  the 
date  of  its  confirmaton,  and  also  the  date  of  entry  in  the  record 
of  titles  of  assessments  kept  in  the  office  for  the  collection 
of  assessments  and  of  arrears  of  taxes  and  assessments,  and 
of  water  rents,  addressed  as  a  class  to  all  persons, 
owners  of  property  affected  by  any  such  assessments,  that  unless 
the  amount  assessed  for  benefit  on  any  person  or  property  shall 
be  paid  within  sixty  days  after  the  date  of  said  entry  of  any  such 
assessment,  interest  shall  be  thereafter  collected  thereon  as  pro- 
vided in  the  following  section;  and  all  provisions  of  law  or 
ordinance  requiring  any  different  or  other  notice  of  assessments 
and  interest  thereon  are  hereby  repealed. 

Interest  to  be  charged  if  assessment  unpaid  for  sixty  days, 

§  1019.  If  any  such  assessment  shall  remain  unpaid  for 
the  period  of  sixty  days  after  the  date  of  entry  thereof  on  the 
said  record  of  titles  of  assessments,  it  shall  be  the  duty  of  the 
officer  authorized  to  collect  and  receive  the  amount  of  such 
assessment  to  charge,  collect  and  receive  interest  thereon,  at  the 
rate  of  seven  per  centum  per  annum,  to  be  calculated  to  the 
date  of  payment  from  the  date  when  such  assessment  became 
a  lien  as  provided  by  section  one  hundred  and  fifty-nine  of 
this  act. 

Rate. 

§  1020.  Interest  shall  hereafter  be  charged  and  collected  at 
the  rate  of  seven  per  centum  per  annum  on  all  arrears  of 
taxes  and  assessments  returned  to  the  collector  of  assess- 
ments and  arrears  from  the  time  they  become  due  until  the 
date  of  payment,  or  in  case  a  sale  has  taken  place,  as  provided 
in  section  ten  hundred  and  tw^enty-seven,  until  the  date  of  the 
certificate  mentioned  in  said  section,  and  on  the  rents  and 
charges  for  water  from  the  time  the  taxes  become  due,  to 
which  they  may  be  added  as  required  by  section  ten  hundred 
and  twenty-five,  until  the  same  date  respectively. 

Apportionment  of  assessment. 

§1021.  If  a  sum  of  money  in  gross  has  been  or  shall  be 
assessed  for  local  improvements,  upon  any  lands  or  premises 
in  The  City  of  New  York,  any  person  or  persons  claiming 
any  divided  or  undivided  part  thereof  may  pay  such  part  of 
the  sums  of  money  so  assessed,  also  of  the  interest  and 


434 


LAWS  OF  NEW  YORK. 


charges  due  or  charged  thereon,  as  the  comptroller  may 
deem  to  be  just  and  equitable ;  and  the  remainder  of  the  sum 
of  money  so  assessed,  together  with  the  interest  and  charges, 
shall  be  a  lien  upon  the  residue  of  the  land  and  premises  only, 
which  residue  may  be  sold  in  pursuance  of  the  provisions  of 
this  act,  to  satisfy  the  residue  of  such  assessment,  interest, 
or  charges,  in  the  same  manner  as  though  the  residue  of  said 
assessment  had  been  imposed  upon  the  residue  of  said  land 
or  premises. 

Commissioner   of   water  supply,  gas   and   electricity  to  transmit 
separate  account  for  each  ward;  penalty  for  wasting  water. 

§  I022.  The  commissioner  of  water  supply,  gas  and  elec- 
tricity shall,  annually  on  the  first  day  of  August  in  each  year, 
cause  to  be  prepared  and  transmitted  to  the  comptroller  a 
separate  account  for  each  section  or  ward  of  all  lots  on  which 
the  water  rents  for  the  preceding  water  year,  includ- 
ing the  extra  charges  to  be  included  in  said  rents,  as  provided 
by  this  act,  may  remain  unpaid,  with  the  amount  due  on  each  lot, 
and  shall,  at  the  same  time,  notify  the  comptroller  of  the  aggre- 
gate amount  of  such  water  rents  so  returned,  and  shall  there- 
after receive  no  payment  on  account  of  the  same,  but 
may,  nevertheless,  certify  to  the  comptroller  any  over- 
charges, which  shall,  upon  said  certificate,  be  remitted  by  the 
comptroller  at  any  time  before  settlement.  The  said  commis- 
sioner of  water  supply,  gas  and  electricity  is  hereby  authorized 
to  prescribe  a  penalty,  not  exceeding  the  sum  of  five  dollars  for 
each  offense,  for  permitting  water  to  be  wasted,  and  for  any 
violation  of  such  reasonable  rules  as  he  may  from  time  to  time 
prescribe  for  the  prevention  of  the  waste  of  water;  such  fines 
shall  be  added  to  the  water  rents. 

Receiver  of  taxes  to  return  arrears  to  the  collector. 

§  1023.  The  receiver  of  taxes  shall,  on  the  first  day  of  June, 
in  each  year,  make  a  return  to  the  collector  of  assessments  and 
arrears,  of  all  taxes  on  real  estate  and  of  water  rates  and  rents, 
which  have  been  added  thereto,  remaining  unpaid,  and  shall 
notify  the  comptroller  of  the  aggregate  amount  of  arrears  so 
returned,  and  balance  on  his  books  the  accounts  of  the  arrears 
so  returned,  by  charging  the  amount  thereof  to  the  said  col- 
lector, and  shall  thereafter  receive  no  payments  on  accounts 
of  arrears  so  returned,  but  may  nevertheless  certify  to  the 
collector  of  assessments  and  arrears  any  errors,  which  shall, 
upon  such  certificate,  be  corrected  by  the  said  collector  any 
time  before  settlement. 


CHARTER  OF  NEW  YORK  CITY. 


485 


Division  of  notification  of  assessments;  notifying  taxpayer, 

§  1023a.  I.  There  shall  be  a  division  of  notification  in  the 
bureau  for  the  collection  of  assessments  and  arrears  of  taxes 
and  assessments  and  of  water  rents  in  the  department  of  finance 
in  The  City  of  New  York,  the  chief  officer  of  which  shall  be  a 
notification  clerk,  who  shall  have  two  assistants.  Said  notifi- 
cation clerk  and  said  assistants  shall  be  appointed  by  the  comp- 
troller of  The  City  of  New  York,  and  shall  hold  office  during 
his  pleasure,  and  discharge  their  duties  under  the  supervision 
and  direction  of  the  collector  of  assessments  and  arrears.  The 
salaries  of  the  said  notification  clerk  and  of  said  assistant  clerks 
shall  not  exceed  fifty-five  hundred  dollars. 

2.  The  owner  of  any  lot,  piece,  or  parcel  of  land  in  the 
borough  of  Manhattan  in  The  City  of  New  York  or  any  person 
interested  in  such  lot,  piece  or  parcel,  may  file  with  such  noti- 
fication clerk  a  statement  containing  a  brief  description  of  such 
land,  together  with  the  section,  block  and  lot  number  thereof 
and  a  statement  of  the  applicant's  interest  therein,  together 
with  a  written  request  that  such  lot,  piece  or  parcel  of  land 
be  registered  in  the  division  of  notification,  in  the  name  of  the 
applicant.  In  the  said  statement  the  applicant  shall  designate 
^  post-office  address  to  which  notifications  addressed  to  him 
shall  be  sent.  The  notification  clerk  shall  thereupon  register 
in  a  volume  to  be  kept  in  said  division  as  hereinafter  pro- 
vided, a  brief  description  of  such  lot,  piece  or  parcel  of  land 
corresponding  to  the  description  thereof  in  the  statement  so 
filed,  together  with  the  name  of  the  applicant  and  his  post- 
office  address  and  the  date  of  such  application. 

3.  As  soon  as  any  assessment  for  a  local  improvement  shall 
have  been  confirmed,  including  assessments  confirmed  by  a 
court  of  record,  and  the  list  thereof  shall  have  been  entered  and 
filed  in  the  bureau  for  the  collection  of  assessments  and  arrears 
of  taxes  and  assessments,  and  of  water  rents,  the  said  notifica- 
tion clerk  and  his  assistants  shall  examine  said  assessment  list 
and  shall  thereupon  within  twenty  days  after  such  confirmation 
mail  a  notice  addressed  to  each  person  in  whose  name  any  lot, 
piece  or  parcel  of  land,  affected  by  such  assessment,  is  regis- 
tered, at  the  post-office  address  registered  in  the  records  of  said 
division,  enclosed  in  a  post  paid  wrapper,  which  notice  shall 
contain  the  brief  description  of  the  lot,  piece  or  parcel  of 
land  registered  in  the  name  of  the  person  to  whom  said  notice 
is  addressed,  together  with  the  amount  assessed  thereon,  date 
of  confirmation,  and  title  of  the  improvement  for  which  said 
assessment  is  made,  and  a  statement  of  the  interest  or  penalty 


LAWS  OF  NEW  YORK. 


imposed  for  the  nonpayment  of  the  said  assessment,  and  the 
date  from  which  the  interest  or  penalty  will  be  computed. 
Failure  to  comply  with  the  provisions  of  this  act,  however, 
shall  in  no  manner  affect  the  validity  or  collectibility  of  any 
assessment  for  legal  improvement  heretofore  or  hereafter  con- 
firmed, nor  shall  any  claim  arise  or  exist  against  The  City  of 
New  York,  the  comptroller,  the  collector  of  assessments  and 
arrears  or  any  officer  of  said  city  by  reason  of  such  failure. 

4.  The  collector  of  assessments  and  arrears  shall  for  the 
purpose  of  this  act  provide  one  or  more  volumes  for  each  sec- 
tion of  the  city,  included  within  the  borough  of  Manhattan, 
as  the  same  shall  appear  upon  the  tax  maps  of  The  City  of 
New  York,  each  of  which  volumes  shall  be  ruled  and  printed 
in  a  proper  and  convenient  manner. 

Water  rents  to  be  provided  for  in  assessment=roIIs. 

§  1024.  There  shall  be  ruled  in  the  yearly  assessment-rolls 
of  each  section  or  ward  a  column  headed  "  water  rents  in 
which  immediately  after  the  confirmation  of  such  assessment- 
rolls,  the  collector  of  assessments  and  arrears  shall  cause  to  be 
entered  opposite  the  ward,  lot,  town  block  and  map  numbers 
of  the  property  on  which  the  said  arrears  may  be  due,  the 
amounts  due  for  "  water  rents,"  as  transmitted  to  him  by  the 
commissioner  of  water  supply,  gas  and  electricity,  in  accord- 
ance with  the  law,  and  the  same  shall  be  collected  at  the  same 
time  and  in  the  same  manner  with  the  taxes  to  which  they 
shall  be  added. 

Arrears  likewise  to  be  provided  for. 

§  1025.  There  shall  be  ruled  in  the  yearly  assessment-rolls  of 
the  taxes  in  each  section  or  ward,  a  column  headed  "  arrears," 
in  which  the  collector  of  assessments  and  arrears  shall  annu- 
ally, before  any  taxes  for  the  year  are  collected,  cause  to  be 
entered  the  word  "  arrears  "  or  "  sold,"  according  as  the  fact 
may  be,  opposite  to  the  ward,  lot,  town  block  and  map  num- 
bers on  which  any  arrears  of  taxes,  or  of  taxes  with  the  water 
rent  added,  shall  be  due,  or  on  which  any  assessment  shall 
remain  unpaid  which  was  due  or  confirmed  one  month 
prior  to  the  first  of  June,  then  last  past,  or  which  may 
have  been  sold  for  assessments,  taxes  or  water  rents,  and  yet 
be  redeemable. 

Bills  for  taxes  to  show  arrears. 

§  1026.  There  shall  be  ruled  a  column  for  "arrears"  in 
every  bill  rendered  for  taxes  for  lots  on  which  said  arrears  or 


CHARTER  OF  NEW  YORK  CITY. 


437 


assessments,  or  taxes  with  water  rents  added,  may  be  due,  as 
aforesaid,  or  may  have  been  sold  and  yet  be  redeemable,  in  whicli 
shall  be  written  opposite  the  entry  of  the  ward,  lot,  town  block 
and  map  number  of  said  lot,  ''arrears''  or  "sold,"  according  as 
the  fact  may  be;  and  at  the  bottom  of  said  bill  shall  be 
printed:  "the  columns  for  arrears  indicate  lots  sold  for  ar- 
rears, or  to  be  sold  therefor;  arrears  to  be  paid  and  lots  re- 
deemed at  the  office  of  the  collector  of  assessments  and 
arrears." 

Sales  of  lands  for  taxes  and  assessments;  proceedings. 

§  1027.  Whenever  any  tax  on  lands  or  tenements,  or  any 
assessments  on  lands  or  tenements  for  local  improvements, 
shall  remain  unpaid  for  the  term  of  three  years  from  the  time 
the  same  shall  have  been  confirmed,  and  also  whenever  any 
rents  for  water  in  said  city  shall  have  been  due  and  unpaid  for 
the  term  of  four  years  from  the  time  the  same  shall  have  been 
due,  it  shall  and  may  be  lawful,  for  the  collector  of  assessments 
and  arrears,  under  the  direction  of  the  comptroller,  to  adver- 
tise the  said  lands  and  tenements  or  any  of  them  for  sale,  and 
by  such  advertisement  the  owner  or  owners  of  such  lands  and 
tenements  respectively  shall  be  required  to  pay  the  amount  of 
such  tax,  assessment,  or  water  rents  so  remaining  unpaid, 
together  with  the  interest  thereon  at  the  rate  of  seven  per 
centum  per  annum  to  the  time  of  payment,  with  the  charges  of 
such  notice  and  advertisement,  to  the  said  collector,  and  notice 
shall  be  given  by  such  advertisement  that  if  default  shall  be 
made  in  such  payment  such  lands  and  tenements  will  be  sold 
at  public  auction  at  a  day  and  place  therein  to  be  specified,  for 
the  lowest  term  of  years  at  which  any  person  or  persons  shall 
offer  to  take  the  same  in  consideration  of  advancing  the  said 
tax,  assessment,  or  water  rents,  as  the  case  may  be,  and  the 
interest  thereon  as  aforesaid  to  the  time  of  sale,  and  the 
charges  of  the  above  mentioned  notices  and  advertisement  and 
all  other  costs  and  charges  accrued  thereon;  and  if,  notwith- 
standing such  notice,  the  owner  or  owners  shall  refuse  or 
neglect  to  pay  such  tax,  assessment,  or  water  rents,  with  the 
interests  as  aforesaid,  and  the  charges  attending  such  notice 
and  advertisement,  then  it  shall  and  may  be  lawful  for  the 
said  collector  under  the  direction  of  the  said  comptroller,  to 
cause  such  lands  and  tenements  to  be  sold  at  public  auction 
for  a  term  of  years,  for  the  purpose  and  in  the  manner  ex- 
pressed in  the  said  advertisement,  and  such  sale  shall  be  made 
on  the  day  and  at  the  place  for  that  purpose  mentioned  in  the 


438 


LAWS  OF  NEW  YORK. 


said  advertisement,  and  shall  be  continued  from  time  to  time, 
if  necessary,  until  all  the  lands  and  tenements  so  advertised 
shall  be  sold ;  and  the  said  collector  shall  give  to  the  purchaser 
or  purchasers  of  any  such  lands  and  tenements  a  certificate  of 
sale,  in  writing,  describing  the  lands  and  tenements  so  pur- 
chased, the  term  of  years  for  which  the  same  shall  have  been 
sold,  the  sum  paid  therefor,  and  the  time  when  the  purchaser 
will  be  entitled  to  a  lease  of  the  said  lands  and  tenements.  But 
no  houses  or  lots,  or  improved  or  unimproved  lands,  in  The 
City  of  New  York,  shall  be  hereafter  sold  or  leased  at  public 
auction  for  the  non-payment  of  any  tax,  assessment,  or  water 
rents  which  may  be  due  thereon,  unless  notice  of  such  sale 
shall  have  been  published  once  in  each  week  successively  for 
three  months  in  the  City  Record  and  the  corporation  news- 
papers, which  advertisement  shall  contain,  appended  to  said 
notice,  a  particular  and  detailed  statement  of  the  property  to 
be  sold  for  taxes,  assessments  or  water  rents;  or  the  said  de- 
tailed statement  and  description,  instead  of  being  published  in 
the  City  Record  and  the  corporation  newspapers,  shall,  at  the 
option  of  the  said  comptroller,  be  printed  in  a  pamphlet,  in 
which  case  copies  of  the  pamphlet  shall  be  deposited  in  the 
office  of  the  said  collector,  and  shall  be  delivered  to  any  person 
applying  therefor.  And  the  notice  provided  for  in  this  section 
to  be  given  of  the  sale  of  houses  and  lots  and  improved  and 
unimproved  lands  shall  also  state  that  the  detailed  statement 
of  the  taxes,  assessments,  or  water  rents,  and  the  ownership 
of  the  property  taxes  assessed,  and  on  which  the  water  rents 
are  unpaid,  is  published  in  the  City  Record  and  the  corporation 
newspapers,  or  in  a  pamphlet,  as  the  case  may  be,  and  that 
copies  of  the  pamphlet  are  deposited  in  the  office  of  the  said 
collector,  and  will  be  delivered  to  any  person  applying  for  the 
same.  No  other  notice  or  demand  of  the  tax,  assessment  or 
water  rent  shall  be  required  to  authorize  the  sale  of  any  lands 
and  tenements  as  hereinbefore  provided. 

Contiguous  lots  to  be  advertised  as  one  parcel. 

§  1028.  In  advertising  houses  and  lots  and  Improved  or  un- 
improved lands  to  be  sold  for  the  non-payment  of  taxes  and 
assessments  or  water  rents,  it  shall  be  the  duty  of  the  collcctoi 
of  assessments  and  arrears  to  advertise  all  the  houses  and  lots 
or  other  lands  lying  contiguous  to  each  other  and  belonging 
to  the  same  owner  in  one  parcel,  unless  otherwise  requested 
by  such  owner,  but  he  may  sell  separately  the  said  houses  and 
lots  as  the  same  may  have  been  assessed. 


CHAKTER  OF  NEW  YORK  CITY.  439 


Postponement  of  sales. 

§  1029.  It  shall  be  lawful  for  the  comptroller  to  suspend 
or  postpone  any  sale  or  sales  of  lands  and  tenements  or  any 
portion  thereof  which  shall  have  been  advertised  for  sale,  to 
any  time  not  exceeding  fifteen  months  from  the  day  speci- 
fied in  any  such  advertisement.  All  sales  which  shall  be  so 
postponed  or  suspended  shall  be  made  without  further  adver- 
tisement, other  than  a  general  notice  of  such  postponement, 
to  be  published  in  the  City  Record  and  the  corporation  news- 
papers. 

Sales  for  taxes  and  assessments  to  be  conducted  by  the  collector  of 
assessments  and  arrears;  provision  for  repayment  of  purchase 
money  when  the  sale  is  vacated. 

§  1030.  The  collector  of  assessments  and  arrears  or  his 
assistant  shall  conduct  the  sales  hereinbefore  provided  to  be 
made,  and  no  auctioneer  other  than  said  collector  or  his  assist- 
ant shall  be  employed  to  make  such  sale,  and  no  auctioneer's 
fees  shall  be  charged  thereon.  Certificates  of  sale  shall  be  made 
and  delivered  to  the  purchaser  without  charge  upon  payment 
of  the  amounts  therein  shown  to  be  due.  And  all  certificates 
of  sale,  not  paid  for  within  thirty  days  following  the  date 
of  sale,  may  be  cancelled  by  the  collector  of  assessments  and 
arrears  and  the  sales  relating  thereto  declared  void.  In  case 
any  sale  shall  be  vacated  or  cancelled,  the  purchaser,  his  legal 
representative  or  assign,  shall  be  repaid  the  amount  paid  by 
him  at  such  sale,  with  interest  thereon  from  the  time  of  such 
payment. 

Corporation  may  bid  in  property. 

§  103 1.  It  shall  be  lawful  for  the  collector  of  assessments 
and  arrears,  at  any  sale  of  lands  and  tenements  in  The  City 
of  New  York,  for  taxes,  assessments  or  water  rents,  to  bid 
in,  for  The  City  of  New  York,  every  lot  and  premises  so  put 
up  for  sale  for  which  no  person  shall  offer  to  bid,  and  certifi- 
cates of  such  sales  shall  be  made  by  the  said  collector  to  The 
City  of  New  York  in  the  form  and  manner  prescribed  for 
individuals.  All  such  purchases  shall  be  subject  to  the  same 
rights  of  redemption  as  purchases  by  individuals ;  and  if  the 
lands  and  tenements  sold  shall  not  be  redeemed,  or  shall  not 
have  been  assigned,  the  comptroller  of  the  city  shall  execute 
a  lease  therefor  to  The  City  of  New  York,  with  the  same 
effect  as  in  cases  of  leases  to  individuals  in  this  title  pro- 
vided. 


440 


LAWS  OF  NEW  YORK. 


Id.;  how  assigned. 

§  1032.  It  shall  be  the  duty  of  said  collector,  in  all  cases 
of  purchases  of  lands  and  tenements  by  The  City  of  New 
York  for  taxes,  assessments  or  water  rents,  to  assign  any 
and  all  such  purchases  to  any  person  who  shall  at  any  time 
within  one  year  from  the  time  when  such  purchases  were 
made,  offer  to  take  the  same,  upon  his  or  her  paying  to  the 
said  collector  of  assessments  and  arrears,  for  the  use  of  the 
city,  the  purchase  money,  with  seven  per  centum  interest 
thereon.  The  person  so  receiving  the  assignment  shall  be 
entitled,  upon  the  redemption  of  the  property,  to  receive  the 
amount  so  paid  by  him  or  her  in  the  city  with  interest  from 
the  time  of  such  payment  at  the  rate  and  in  the  same  manner 
as  if  he  or  she  had  purchased  the  property  at  a  sale  for  taxes, 
assessments  or  water  rents. 

Certificates  where  consolidated  municipality  has  bid  in  property. 

§  1033.  In  cases  where  lands  within  the  boundaries  of  any 
of  the  municipal  corporations  or  parts  of  municipal  corpora- 
tions by  this  act,  consolidated  with  the  corporation  known  as 
the  mayor,  aldermen  and  commonalty  of  the  city  of  New 
York,  have  been  sold  for  taxes  and  assessments  and  the  title 
upon  such  sales  has  passed  to  either  of  said  municipal  corpo- 
rations or  parts  of  municipal  corporations,  such  title  is 
hereby  transferred  to  and  vested  in  the  corporation  of  The 
City  of  New  York  as  constituted  by  this  act ;  and  said  corpo- 
ration shall  have  all  the  rights,  privileges,  and  property  of 
its  predecessor  in  said  title  and  the  same  powers  and  priv- 
ileges in  respect  to  the  enforcement  of  the  same  or  the  sale 
or  lease  thereof,  and  the  comptroller  of  the  city  shall  control 
the  same  in  all  respects,  as  by  statute  in  such  cases  already 
made  and  provided. 

Redemption  of  lands  purchased  by  corporation. 

§  1034.  In  all  cases  of  lands  and  tenements  purchased  by 
The  City  of  New  Y^ork  for  taxes,  assessments,  or  water  rents, 
in  which  the  same  shall  not  have  been  assigned,  any  person 
claiming  title  to  such  lands  and  tenements,  or  any  other  per- 
son, may  redeem  the  same  in  like  manner  and  to  the  same 
effect  as  in  cases  of  individual  purchases,  by  paying,  in  the 
manner  provided  by  law,  for  the  use  of  the  said  city,  the  pur- 
chase money  with  seven  per  centum  interest  thereon,  to- 
gether with  any  and  all  expenses  which  shall  have  accrued 


CHAKTER  OF  NEW  YORK  CITY.  441 


since  the  sale;  and  in  all  cases  where  lands  and  tenements 
shall  be  conveyed  to  the  said  city  pursuant  to  the  provisions 
of  this  title,  it  shall  be  the  duty  of  the  said  collector  in  the 
name  of  the  said  city,  to  cause  notices  to  be  served  in  the 
manner  in  this  title  provided. 

Corporation  to  take  possession  of  unclaimed  lands. 

§  1035.  It  shall  be  lawful  for  The  City  of  New  York,  and 
it  is  hereby  authorized  and  empowered,  to  take  peaceable 
possession  of,  or  sue  for  and  recover,  and  to  hold,  occupy, 
and  enjoy  all  lots  or  pieces  or  parcels  of  land,  situate,  lying, 
and  being  in  the  city  which  have  or  which  may  be  sold  for  a 
term  of  time  for  the  payment  of  any  taxes  or  assessments 
in  the  said  city,  after  the  expiration  of  the  term  for  which  the 
same  may  have  been  or  shall  be  so  sold,  provided  the  rightful 
owner  of  the  same  shall  not  then  claim  possession  of  the 
same,  and  to  have,  hold,  and  occupy  the  same  until  the  right- 
ful owner  shall  claim  possession  of  the  same,  and  shall  pay 
all  sums  which  may  be  due  thereon  for  taxes,  assessments, 
and  also  the  value  of  the  im]:>rovements  which  may  be  made, 
or  erected  upon  the  same  by  The  City  of  New  York,  over  and 
above  all  the  rents,  issues,  and  profits  which  may  be  received 
by  The  City  of  New  York  for  or  on  account  of  the  rents, 
issues  and  profits  of  any  such  premises;  provided  always, 
that  The  City  of  New  York  shall  not  be  entitled  to  demand 
any  sum  of  money  for  any  such  improvements,  unless  it  shall 
have  caused  to  be  published,  in  the  City  Record  and  the  cor- 
poration newspapers  for  at  least  three  months  previous  to 
the  making  of  such  improvements,  a  notification  to  the 
owners  of  the  said  lots,  to  appear  and  take  possession  of  their 
said  premises ;  and,  further,  that  in  no  case  shall  the  owners 
of  the  said  premises  be  compelled  to  pay  for  any  such  im- 
provements a  sum  exceeding  two-thirds  of  the  value  of  their 
said  lots  of  land.  The  city  shall  account  for  and  pay  over  to 
the  rightful  owner  of  any  such  lots  of  land  all  the  rents, 
issues,  and  profits  which  The  City  of  New  York  may  receive 
on  account  of  such  premises  over  and  above  the  amount  of 
all  taxes  and  assessments  due  for  or  on  account  of  the  said 
premises,  and  over  and  above  the  value  of  all  such  improve- 
ments thereon  as  shall  be  made  after  the  notification  men- 
tioned in  this  section,  and  as  shall  not  exceed  two-thirds  of 
the  value  of  said  lots  of  land. 


442 


LAWS  OF  NEW  YORK. 


Mortgagees  to  be  notified  of  sale  before  the  time  to  redeem  expires. 

§  1036.  In  cases  of  sales  of  real  estate  for  the  non-payment 
of  taxes  or  assessments,  it  shall  be  the  duty  of  the  collector  of 
assessments  and  arrears,  sixty  days  before  the  time  limited  by 
law  for  the  redemption  of  any  real  estate  from  the  effects  of 
such  sales,  to  cause  notice  to  be  given  to  all  mortgagees  of  the 
real  estate  so  sold,  their  assignees  or  personal  representatives, 
and  to  all  owners,  lessees,  or  persons  otherwise  interested,  or 
their  legal  representatives,  who  shall  at  any  time,  at  least  one 
month  jDcfore  the  time  for  the  giving  of  such  notice,  have  filed 
in  the  office  of  the  comptroller  a  memorandum  of 
such  mortgage  and  of  such  real  estate,  containing  a  brief 
abstract,  designating  the  property,  with  the  street  number,  if 
there  be  any,  or  such  definite  description  or  diagram  as  will 
enable  the  said  collector  of  assessments  and  arrears  to  designate 
the  said  premises  upon  the  city  maps,  and  the  name  and  resi- 
dence of  such  mortgagee,  assignee,  or  personal  representative, 
and  such  owner,  lessee,  or  person  represented. 

How  such  notice  shall  be  given. 

§  1037.  Such  notice  shall  be  given  by  putting  into  the  post- 
office  in  The  City  of  New  York,  directed  to  such  mortgagees, 
assignees,  or  personal  representatives,  at  their  places  of  resi- 
dence, if  known  to  the  collector  of  assessments  and  arrears, 
and  such  owners,  lessees,  or  persons  otherwise  interested,  a 
printed  list  describing  all  the  property  sold  for  taxes  and  re- 
maining unredeemed.  Such  description  shall  name  the  street 
or  avenue  on  which  the  property  may  be  situate,  the  side  of 
the  street  or  avenue,  and  between  what  streets  or  avenues,  with 
the  map  or  street  numbers  of  the  property,  and  in  whose  name 
assessed,  together  with  the  term  of  3^ear3  and  amount  for 
which  the  same  shall  have  been  sold,  and  the  day  or  days  on 
which  the  time  limited  for  the  redemption  of  the  property  will 
expire  with  a  notice  that  unless  the  property  shall  be  redeemed 
on  or  by  such  days,  by  the  payment  of  the  sums  for  which  the 
same  were  sold,  with  all  interest  and  expenses  allowed  by  law, 
that  leases  will  be  given  to  the  purchasers,  in  accordance  with 
the  statute  in  such  case  made  and  provided. 

Affidavit  of  service. 

§  1038.  An  affidavit  of  the  service  of  such  notice  as  is  re-, 
quired  in  the  two  preceding  sections,  before  any  officer 
authorized  to  take  affidavits  to  be  read  in  a  court  of  record, 


CHARTER  OF  NEW  YORK  CITY. 


443 


and  filed  in  the  office  of  the  said  comptroller  or  a  certified 
copy  thereof  under  the  signature  of  said  comptroller  shall  be 
evidence  of  the  fact  of  such  notice. 

Comptroller  to  record  memoranda. 

§  1039.  It  shall  be  the  duty  of  the  comptroller  to  keep  in 
his  office  a  book,  alphabetically  arranged^  for  the  registering 
of  all  such  memoranda  as  aforesaid,  which  book  shall  be  open 
to  the  inspection  of  any  person  desiring  to  examine  the  same, 
without  charge.  The  comptroller  shall  be  entitled  to  receive 
twenty-five  cents  for  registering  the  memorandum  of  each 
mortgage,  as  above  provided. 

Mortgagee's  right  to  redeem. 

§  1040.  Such  mortgagees  or  their  assignees  or  personal 
representatives,  and  such  owners,  lessees,  or  persons  otherwise 
interested,  or  their  legal  representatives,  shall  be  entitled  to 
redeem  the  property  sold  from  the  effect  of  such  sale,  at  any 
time  within  two  years  from  the  date  of  such  sale,  and  such 
mortgagees,  assignees,  or  personal  representatives  shall  have 
a  lien  on  the  property  for  the  amount  paid,  with  the  interest 
which  may  thereafter  accrue  thereon,  at  the  rate  of  seven  per 
centum  per  annum,  in  like  manner  as  if  the  same  had  been 
included  in  such  mortgage. 

Notice  of  expiration  of  time  to  redeem  to  be  published;  lease  to  be 
executed  to  purchaser  on  default  to  redeem. 

§  1 04 1.  The  collector  of  assessments  and  arrears,  under 
direction  of  the  comptroller  of  the  city,  shall  cause  an  adver- 
tisement to  be  published  at  least  twice  in  each  week,  for  six 
weeks  successively  in  the  City  Record  and  the  corporation 
newspapers,  in  such  form  as  he  shall  deem  best  calculated  to 
give  notice  of  such  sale,  that  unless  the  lands  and  tenements 
sold  be  redeemed  by  a  certain  day,  they  will  be  conveyed  to 
the  purchaser. .  If  the  person  or  persons  claiming  title  to  the 
said  lands  and  tenements,  or  some  other  persons,  shall  not, 
within  two  years  from  the  date  of  the  before  mentioned  cer- 
tificate pay  to  the  said  collector,  for  the  use  of  the  purchaser  or 
purchasers,  his,  her,  or  their  heirs,  executors,  administrators, 
or  assigns,  the  sum  mentioned  in  such  certificate,  together  with 
the  interest  thereon,  at  the  rate  of  fourteen  per  centum  per  an- 
num, from  the  date  of  such  certificate,  the  said  comptroller,  in 
the  name  of  The  City  of  New  York,  at  the  expiration  of  the  said 


444 


LAWS  OF  NEW  YORK. 


two  years,  shall  execute  to  the  purchaser  or  purchasers,  his, 
her,  or  their  heirs,  executors,  administrators,  or  assigns,  a 
lease,  under  the  common  seal  of  the  city,  of  the  lands  and  tene- 
ments so  sold  for  such  term  of  years  as  the  same  shall  have 
been  sold,  and  the  execution  thereof  shall  be  witnessed  by  the 
said  collector.  At  the  time  of  receiving  the  lease  the  purchaser 
shall  pay  the  sum  of  two  dollars  and  fifty  cents  to  the  said 
collector  for  the  expense  of  drawing  said  lease,  and  also  the 
expense  of  advertising  the  notice  to  redeem;  and  all  such  leases 
executed  by  the  said  comptroller  and  witnessed  by  the  said 
collector  shaU  be  presumptive  evidence  that  the  sale  and  all 
procecdnigs  prior  thereto,  from  and  including  the  assessments 
on  said  lands  and  tenements,  for  taxes  or  assessments  or  water 
rents,  and  all  notices  required  by  law  to  be  given  previous  to 
the  expiration  of  the  two  years  allowed  to  redeem,  were  regu- 
lar and  according  to  the  provisions  of  the  statute  in  such  cases 
made  and  provided ;  and  such  purchaser  or  purchasers,  his, 
her,  or  their  heirs,  executors,  administrators,  or  assigns,  shall, 
in  virtue  thereof  and  of  this  title,  lawfully  hold  and  enjoy  the 
said  lands  and  tenements  in  said  lease  mentioned  for  his,  her, 
or  their  own  proper  use  against  the  owner  or  owners  thereof, 
and  all  claiming  under  him,  her,  or  them,  until  such  purchaser's 
term  therein  shall  be  fully  complete  and  ended;  and  the  said 
purchaser  or  purchasers,  his,  her,  or  their  heirs,  executors, 
administrators  or  assigns,  shall  be  at  liberty  to  remove  all  the 
buildings  or  materials  which  he,  she,  or  they  shall  erect  or 
place  thereon  during  the  said  term,  within  one  month  after  the 
expiration  of  the  said  term,  but  leaving  the  lands  and  tene- 
ments, with  the  streets  fronting  the  same,  in  the  order  required 
by  the  ordinances  of  the  board  of  aldermen;  provided  that 
such  lease  shall  not  be  executed  and  delivered  until  the  expi- 
ration of  six  months  after  the  publication  of  the  notice  last 
herein  above  mentioned. 

Redeeming  a  portion  of  lands  sold. 

§  1042.  In  all  cases  where  pieces  or  parcels  of  land  shall 
have  been  sold  for  taxes,  assessments  or  water  rents,  and  any 
person  shall  claim  to  redeem  any  portion  of  the  same  within 
the  time  limited  for  redemption,  he  shall  be  permitted  to  do  so 
on  paying  the  apportionment  of  the  tax,  assessment  or  water 
rents  for  which  the  property  was  sold,  together  with  the  inter- 
est on  the  same,  and  an  equitable  proportion  of  the  expense, 
the  apportionment  to  be  made  by  the  comptroller. 


CHARTER  OF  NEW  YORK  CITY. 


445 


Sale  of  lands  actually  occupied;  notice  to  be  served. 

§  1043.  Whenever  any  lands  or  tenements  sold  for  taxes, 
assessments,  or  water  rents,  and  conveyed,  as  in  this  title  pro- 
vided, shall,  at  the  tniie  of  conveyance,  be  in  the  actual  occu- 
pancy of  any  person,  the  grantee  to  whom  the  same  shall  have 
been  conveyed,  or  the  person  claiming  under  him,  shall  serve 
a  written  notice  on  the  person  occupying  such  lands  or  tene- 
ments, and  in  all  cases  on  the  person  owning  the  property  so 
conveyed,  whether  the  property  be  in  occupancy  or  not,  pro- 
vided such  owner  resides  in  The  City  of  New  York,  or  in  any 
adjoining  county;  in  case  the  owner  does  not  reside  in  The 
City  of  New  York,  or  in  an  adjoining  county,  said  notice  shall 
be  sent  to  his  or  her  post-office  address  by  mail.  All  such 
notices  shall  state  in  substance  the  sale  and  conveyance,  the 
person  to  whom  made,  and  the  amount  of  consideration  money 
mentioned  in  the  conveyance,  with  the  addition  of  forty-two 
per  centum  on  such  amount  as  the  said  lands  or  tenements  were 
struck  off  for  at  the  time  of  the  sale,  and  the  further  addition 
of  the  sum  paid  for  the  lease  and  advertisement ;  and  stating, 
also,  that  unless  such  consideration  money,  and  the  said  forty- 
two  per  centum,  together  with  the  stim  paid  for  the  lease  and 
advertisements,  shall  be  paid  to  said  collector  of  assessments 
and  arrears,  for  the  benefit  of  the  grantees,  within  six  months 
after  the  service  of  such  notice,  the  said  conveyance  will 
become  absolute,  and  the  owner,  occupant,  and  all  others  inter- 
ested in  the  lands  or  tenements  be  barred  from  all  right  and 
title  thereto  during  the  term  of  years  for  which  such  lands  or 
tenements  shall  have  been  conveyed.  And  no  conveyance 
made  in  pursuance  of  this  title  shall  be  recorded  until  the 
expiration  of  such  notice,  and  the  evidence  of  the  service  of 
such  notice  shall  be  recorded  with  such  conveyance. 

Id.;  mode  of  service. 

§  1044.  Such  notice  shall  be  served  personally  or  by  leaving 
the  same  at  the  dwelling-house  of  the  occupant  and  of  the 
person  owning  the  property  conveyed,  with  any  person  of 
suitable  age  and  discretion  belonging  to  his  or  her  family,  and 
the  name  of  the  person  on  whom  served  shall  be  stated  in  the 
affidavit  of  service  hereinafter  mentioned  if  the  same  can  be 
ascertained,  and  if  served  by  mail,  shall  state  the  time  when 
♦"he  same  was  mailed. 


446 


LAWS  OF  NEW  YORK. 


« 

Id.;  affidavit  thereof. 

§  1045.  In  every  such  case  the  grantee,  or  the  person  claim- 
•  ing  under  him,  in  order  to  complete  his  title  to  the  land  con- 
veyed, shall  file  with  the  said  collector  of  assessments  and 
arrears  an  affidavit  of  some  person  residing  in  The  City  of 
New  York,  who  shall  be  certified  as  credible  by  the  officer 
before  whom  such  affidavit  shall  be  taken,  that  such  notice  was 
duly  served,  specifying  the  time  of  service,  the  mode  and 
manner  of  service  and  a  copy  of  such  notice  shall  be  attached 
thereto. 

Certificate  of  the  comptroller;  effect  thereof. 

§  1046.  If  the  said  comptroller  shall  be  satisfied  by  such 
affidavit  that  the  notice  has  been  duly  served,  and  if  the 
moneys  required  to  be  paid  for  the  redemption  of  such  lands 
or  tenements  shall  not  have  been  paid  as  hereinbefore  pro- 
vided, he  shall,  under  his  hand  and  seal,  certify  to  the  fact,  and 
the  conveyance  shall  thereupon  become  absolute,  and  the  owner 
and  all  others  interested  in  the  lands  or  tenements  shall  be 
barred  of  all  right  thereto  during  the  term  of  years  for  which 
the  same  shall  have  been  conveyed. 

Owner  or  occupant;  when  may  redeem. 

§  1047.  The  owner,  occupant,  or  any  other  person  may,  at 

any  time  within  the  six  months  named  in  such  notice,  redeem 
the  said  lands  and  tenements  by  paying  such  purchase  money, 
with  the  addirtion  of  forty-two  per  centum  thereon,  and  the 
amount  that  shall  have  been  paid  for  the  lease,  and  every  such 
redemption  shall  be  as  effectual  as  if  made  before  the  convey- 
ance of  the  lands  or  tenements  sold. 

Rate  of  interest;  how  to  be  calculated. 

§  1048.  The  rate  of  interest  allowed  by  law  to  the  purchaser 
at  the  time  of  redemption  on  the  amount  of  the  purchase 
money  shall  be  reduced  to  fourteen  per  centum  per  annum; 
but  no  interest  shall  be  calculated  on  a  less  portion  of  time 
than  one-quarter  of  a  year,  and  in  all  cases  where  the  property 
shall  be  redeemed  during  any  fractional  part  of  a  year,  the 
interest  shall  be  calculated  so  as  to  include  the  quarter  in  which 
such  redemption  shall  be  made,  the  time  to  be  computed  from 
the  day  of  sale. 


CHARTER  OF  NEW  YORK  CITY.  447 


Certificate  of  redemption  to  be  furnished. 

§  1049.  Upon  such  redemption,  as  provided  for  in  the  two 
preceding  sections,  the  said  collector  of  assessments  and 
arrears  shall  give  to  the  person  redeeming,  a  certificate  under 
his  hand  and  seal,  stating  the  payment,  the  year  in  which  the 
sale  was  made,  and  showing  what  land  such  payment  is 
intended  to  redeem,  and  such  certificate  shall  be  evidence  of 
such  redemption. 

Lost  certificate;  delivery  of  lease  in  case  of. 

§  1050.  Whenever  any  certificate  given  by  the  collector  of 
assessments  and  arrears,  as  in  this  title  provided,  of  lands 
sold  shall  be  lost,  the  said  comptroller  may  receive  evidence 
of  such  loss,  and  on  satisfactory  proof  of  the  fact  may  execute 
and  deliver  a  lease  to  such  person  or  persons  who  shall  ap- 
pear entitled  thereto  of  the  lands  and  tenements  described 
in  the  certificate,  and  may  also,  in  his  discretion,  require  a 
bond  of  indemnity  to  The  City  of  New  York.  Each  certifi- 
cate shall  be  registered  in  the  record  of  sales  to  be  kept  in 
the  bureau  of  said  collector  of  assessments  and  arrears,  and 
no  transfer  of  such  certificate  shall  be  valid  until  registered  in 
said  book. 

Bills  of  arrears  of  taxes  and  assessments  to  be  furnished  when  re- 
quested. 

§  105 1.  The  collector  of  assessments  and  arrears,  upon 
the  requisition  of  any  person,  shall  furnish  a  bill  of  all  arrears 
of  taxes,  and  of  taxes  with  the  "  water  rents "  added 
on  any  lot  or  lots  due  prior  to  the  first  of  June, 
then  last  past,  and  of  assessments  which  are  due 
and  payable,  including  the  amount  necessary  to  redeem  it 
or  them,  if  it  or  they  have  been  sold  for  any  arrears  of  assess- 
ments, taxes  or  water  rents  and  be  yet  redeemable;  and  upon 
the  payment  of  the  said  bill  (which  shall  be  called  a  *'bill  of 
arrears  of  assessments,  taxes  and  water  rents  and  for  redemp- 
tion"), his  receipt  thereon,  countersigned  by  the  comptroller, 
shall  be  conclusive  evidence  of  such  payment.  The  comptroller 
shall  cause  to  be  kept  a  duplicate  account  of  amounts  so  collected, 
and  the  certificate  of  the  collector  of  assessments  and  arrears, 
countersigned  by  the  comptroller,  that  there  are  no  such  liens 
on  said  lot  or  lots,  shall  forever  free  the  said  lot  or  lots  trom 
all  liens  of  taxes,  or  for  taxes  with  water  rates  added,  or  for 


448 


LAWS  OF  NEW  YORK. 


rents  of  water  added  to  the  taxes  prior  to  the  first 
of  June  then  last  passed,  and  for  all  assessments  due 
and  payable  prior  to  the  date  of  the  said  rjeceipt  or 
certificate,  and  from  all  liens  in  consequence  of  sales  for  as- 
sessments, taxes,  or  water  rents,  or  for  all  of  them,  when  the 
time  allowed  by  law  for  redemption  had  not  expired  at  the 
date  or  time  of  said  payment  or  certificate. 

Id.;  fees  for  searches. 

§  1052.  Fees  for  the  searches  to  be  paid  into  the  city 
treasury  shall  be  included  in  the  bills  mentioned  in  the  preceding 
section,  and  also  charges  for  certificates,  which  shall  be  given 
by  said  collector  of  assessments  and  arrears,  respecting  lots  on 
which  there  may  be  no  arrears  when  searches  are  required; 
the  said  fees  to  be  regulated  by  ordinance  of  the  board  of 
aldermen. 

Complete  record  of  sales  to  be  kept. 

§  1053.  There  shall  be  kept  in  the  office  of  the  collector  of 
assessments  and  arrears  a  record  of  all  sales  made  for  taxes, 
assessments  and  water  rents,  which  record  shall  show  the 
amount  of  the  tax,  the  assessment  and  the  water  rents,  a 
description  of  the  premises  sold,  the  date  of  the  sale,  the 
name  of  the  person  to  whom  sold,  the  term  of  years  for  which 
such  property  was  sold,  time  of  the  delivery  of  the  lease,  to 
whom  delivered,  and  when  the  same  shall  expire. 

Affidavits  of  publication  of  necessary  notices  to  be  preserved. 

§  1054.  It  shall  be  the  duty  of  the  collector  of  assessments 
and  arrears  to  procure,  preserve  and  register  in  his  office, 
affidavits  of  the  publication  of  all  the  notices  by  this  title  re- 
quired to  be  published,  and  such  affidavits  shall  be  presump- 
tive proof  of  such  publication  in  all  the  courts  of  this  state. 

CHAPTER  XVIII. 

Department  of  Education. 

Title  I.  The  public  schools  and  their  management. 
Title  2.  The  college  of  The  City  of  New  York. 
Title  3.  The  normal  college. 
Title  4.  General  provisions. 


CHARTER  OF  NEW  YORK  CITY. 


449 


TITLE  I. 

The  Public  Schools  and  Their  Management. 

Board  of  education;  property  under  its  care  and  control;  in  what 
name  suits  brought. 
§  1055.  The  title  to  all  property,  real  and  personal,  now  or 
that  may  hereafter  be  acquired  for  school  or  educational  pur- 
poses, except  the  State  Normal  School  at  Jamaica,  and  also 
the  title  to  all  property,  real  and  personal,  purchased  for  school 
or  educational  purposes  with  any  school  moneys,  whether 
derived  from  the  issue  of  bonds  or  raised  by  taxation  in  The 
City  of  New  York,  shall  be  vested  in  The  City  of  New  York, 
as  constituted  by  this  act,  but  shall  be  under  the  care  and  con- 
trol of  the  board  of  education  as  provided  in  this  act,  for  the 
purposes  of  public  education,  recreation  and  other  public  uses. 
Suits  in  relation  to  such  property  shall  be  brought  in  the  name 
of  the  said  board  of  education.  The  said  city  of  New  York 
shall  have  power  to  take  and  hold  any  property,  real  or  per- 
sonal, devised  or  bequeathed  or  transmitted  to  it  for  the 
purposes  of  education  in  said  city;  but  such  property  shall  be 
under  the  care  and  control  of  the  board  of  education  as  pro- 
vided by  this  act,  for  the  purposes  of  public  education,  recre- 
ation and  other  public  uses  in  said  city. 

School  age  of  children. 

§  1056.  The  schools  of  the  said  city  under  the  management 
and  control  of  the  board  of  education  shall  be  free  to  all 
persons  over  four  and  under  twenty-one  years  of  age 
residing  in  said  city,  but  under  such  regulations  not  in  conflict 
with  the  general  school  law  of  the  state,  as  the  board  of 
education  shall  prescribe,  provided,  however,  that  no  child 
under  six  years  of  age  shall  be  received  in  said  schools  ex- 
cept in  kindergarten  classes. 

Board  of  education;  succeeds  to  trusts  of  public  school  society. 

§  1057.  All  the  trusts  held  by  or  vested  in  the  public  school 
society  of  The  City  of  New  York,  as  heretofore  organized 
and  existing  in  compliance  with  the  provisions  of  an  act  enti- 
tled, "An  act  relative  to  common  schools  in  the  city  of  New 
York,"  passed  the  fourth  day  of  June,  one  thousand  eight 
hundred  and  fifty-three,  which  have  not  been  conveyed  by  the 
said  society,  and  all  the  rights,  powers  and  duties  of  said 


450 


LAWS  OF  NEW  YORK. 


society,  which  yet  remained  therein,  shall  continue  and  be 
vested  in  the  board  of  education  of  The  City  of  New  York, 
which  board  is,  and  shall  be  held  to  be  the  lawful  successors 
of  said  society  in  the  execution  of  every  trust. 

Board  of  education  succeeds  to  duties  and  powers  of  former  boards, 
etc. 

§  1058.  Subject  to  the  provisions  of  this  act,  and  so  far  as 
is  consistent  therewith,  the  board  of  education  of  The  City  of 
New  York,  as  created  by  the  terms  and  provisions  of  this  act, 
shall  be  subject  to  all  the  duties,  possess  all  the  rights 
and  exercise  all  the  powers  respectively  held  by  the  board 
of  education,  the  school  boards  of  the  several  boroughs 
and  the  inspectors  of  common  schools  on  the  day 
when  this  act  takes  effect,  excepting  such  duties^  rights 
and  powers  as  shall  devolve  upon  the  local  school 
boards  as  provided  in  this  act.  The  powers,  duties 
and  functions  of  all  the  school  boards  in  the  several  boroughs 
within  The  City  of  New  York,  as  they  have  heretofore  been 
constituted,  shall  cease  and  determine,  and  their  offices  shall 
be  abolished,  on  the  first  Monday  of  February,  nineteen  hun- 
dred and  two,  and  the  board  of  education,  as  constituted  by 
this  act,  shall  thereupon  succeed  to  such  powers,  and  become 
subject  to  such  functions  and  duties  as  provided  by  this  act. 

Money  to  conduct  schools  to  be  raised  by  taxation. 

§  1059.  The  board  of  estimate  and  apportionment  and  the 
board  of  aldermen  of  The  City  of  New  York  may  raise  and 
collect  by  tax,  on  the  estates,  real  and  personal,  liable  to  tax- 
ation in  said  city,  such  sum  of  money  as  may  be  necessary  to 
provide  for  the  conduct  of  the  schools  as  called  for  by  the 
budget  adopted  by  the  said  board  of  estimate  and  apportion- 
ment and  the  said  board  of  aldermen  pursuant  to  the  provis- 
ions of  this  act. 

Special  and  general  school  funds;  all  moneys  to  be  administered  by 
board  of  education. 

§  1060.  All  moneys  raised  for  educational  purposes  in  The 
City  of  New  York  shall  be  raised  in  two  funds,  to  be  known  as 
the  special  school  fund  and  the  general  school  fund,  respec- 
tively. The  general  school  fund  shall  consist  of  all  moneys 
raised  for  the  payment  of  salaries  of  the  city  super- 
intendent, associate  city  superintendents  and  district 
superintendents,    members   of   the   board   of  examiners^ 


CHARTER  OF  NEW  YORK  CITY. 


451 


attendance  officers,  lecturers  and  all  members  of  the 
supervising  and  teaching  staff,  throughout  all  boroughs,  in 
conformity  with  section  ten  hundred  and  ninety-one  of  this 
act.  The  special  school  fund  shall  contain  and  embrace  all 
moneys  raised  for  educational  purposes  not  comprised  in  the 
general  school  fund.  It  shall  be  the  duty  of  the  board  of  esti- 
mate and  apportionment  and  of  the  board  of  aldermen 
to  indicate  in  the  budget  in  raising  the  special  school  fund  the 
respective  amounts  thereof  which  shall  be  available  for  use 
in  the  several  boroughs.  The  general  school  fund  shall  be 
raised  in  bulk,  and  for  the  city  at  large.  The  board  of  educa- 
tion shall  have  power  to  administer  and  shall  administer  all 
moneys  appropriated  or  available  for  educational  purposes 
in  the  city  of  New  York. 

Board  of  education;  how  constituted;  president;  vacancies;  members 
to  serve  without  pay. 

§  1061.  There  shall  be  in  The  City  of  New  York 
as  constituted  by  this  act,  a  board  of  education,  which  shall 
have  the  management  and  control  of  the  public  schools  and 
of  the  public  school  system  of  the  city,  subject  only  to  the 
general  statutes  of  the  state  relating  to  public  schools  and 
public  school  instruction,  and  to  the  provisions  of  this  act. 
The  board  of  education  of  The  City  of  New  York  shall  con- 
sist of  forty-six  members,  twenty-two  being  residents  of  the 
borough  of  Manhattan;  four  of  the  borough  of  The  Bronx; 
fourteen  of  the  borough  of  Brooklyn;  four  of  the  borough 
of  Queens,  and  two  of  the  borough  of  Richmond.  The  mem- 
bers of  the  board  of  education  shall  be  appointed  by  the 
mayor  and  hold  office  for  the  term  of  five  years. 
On  the  first  Monday  of  February,  in  the  year  nineteen 
hundred  and  two,  and  in  every  year  thereafter,  the  said  board 
of  education  shall  organize  by  electing  one  of  its  members  as 
president  of  the  board,  who  shall  preside  at  its  meetings,  and 
shall  have  the  same  power  to  vote  thereat  as  any  other  member, 
but  who  shall  not  have  the  power  of  veto.  Any  vacancy  in 
the  office  of  members  of  the  board  of  education,  caused  by 
death,  resignation,  or  otherwise,  shall  be  filled  by  appointment 
by  the  mayor  for  the  unexpired  term,  subject  to  the  provisions 
as  to  the  residence  of  such  members  hereinbefore  set  forth. 
On  the  third  Monday  of  January,  nineteen  hundred 
and  two,  the  mayor  shall  appoint  members  of  the 
board  of  education  to  serve  until  the  dates  hereinafter 
specified,  namely :  In  the  borough  of  Manhattan,  five  members 


452 


LAWS  OF  NEW  YORK. 


until  January  first,  nineteen  hundred  and  three;  five  members 
until  January  first,  nineteen  hundred  and  four;  four  members 
until  January  first,  nineteen  hundred  and  five;  four  members 
until  January  first,  nineteen  hundred  and  six;  and  four  mem- 
bers until  January  first,  nineteen  hundred  and  seven.  In  the 
borough  of  Brooklyn,  three  members  until  January  first,  nine- 
teen hundred  and  three;  three  members  until  January  first, 
nineteen  hundred  and  four ;  three  members  until  January  first, 
nineteen  hundred  and  five;  three  members  until  January  first, 
nineteen  hundred  and  six;  and  two  members  until  January 
first,  nineteen  hundred  and  seven.  In  the  borough  of  The 
Bronx,  one  member  until  January  first,  nineteen  hundred  and 
three;  one  member  until  January  first,  nineteen  hundred  and 
five;  one  member  until  January  first,  nineteen  hundred  and 
six ;  and  one  member  until  January  first,  nineteen  hundred  and 
seven.  In  the  borough  of  Queens,  one  member  until  January 
first,  nineteen  hundred  and  three;  one  member  until  January 
first,  nineteen  hundred  and  five;  one  member  until  January 
first,  nineteen  hundred  and  six ;  and  one  member  until  January 
first,  nineteen  hundred  and  seven.  In  the  borough  of  Rich- 
mond, one  member  until  January  first,  nineteen  hundred  and 
four;  and  one  member  until  January  first,  nineteen  hundred 
and  seven.  In  the  month  of  November  prior  to  the  expiration 
of  the  respective  terms  of  office  of  the  members  of  the  board 
of  education,  appointed  as  aforesaid,  the  mayor  shall  appoint 
their  successors  to  serve  for  the  full  term  of  five  years  from  the 
first  day  of  January  following.  The  terms  for  which  such 
appointments  are  made  shall  be  designated  in  the  certificates 
of  appointment  of  such  members.  A  change  of  residence  by 
a  member  of  the  board  of  education  from  the  borough  from 
which  he  was  appointed  shall  vacate  his  office.  Members  of 
the  board  of  education  shall  serve  without  pay,  and  shall  hold 
no  office  of  emolument  under  the  county,  state  or  municipal 
government,  except  the  offices  of  notary  public  or  commis- 
sioner of  deeds  or  offices  in  the  national  guard. 

Id.;  to  possess  powers  and  privileges  of  a  corporation. 

§  1062.  For  the  purposes  of  this  chapter,  the  board  of 
education  of  The  City  of  New  York  shall  possess  the  powers 
and  privileges  of  a  corporation. 

Id.:  to  appoint  an  executive  committee;  powers  of  committee. 

§  1063.  It  shall  be  the  duty  of  the  board  of  education  in  the 
month  of  February,  nineteen  hundred  and  two,  and  in  each 
year  thereafter  in  the  month  of  July  to  appoint  a  standing  com- 


CHAKTER  OF  NEW  YORK  CITY. 


453 


mittee  of  fifteen  members  of  the  board,  who  shall,  subject  to 
the  approval  of  the  board,  constitute  an  executive  committee 
for  the  care,  government  and  management  of  the  public  school 
system  of  the  city,  subject  to  the  by-lav^s  of  the  board  of  educa- 
tion. At  least  one  member  of  such  committee  shall  be  selected 
from  each  borough.  The  said  board  of  education  may 
by  its  by-laws  confer  upon  said  committee  power  to  per- 
form any  of  the  administrative  powers  of  the  board.  It 
shall  be  the  duty  of  said  executive  committee  to  perform 
such  duties  as  the  board  of  education  may  by  by-law 
prescribe.  The  board  of  education  may,  at  any  regular 
meeting  thereof,  by  a  majority  of  all  the  members  of 
the  board,  remove  any  or  all  the  members  of  the  said 
committee,  and  appoint  other  members  of  the  board  to 
the  vacancies  thus  created.  Said  executive  committee  shall 
meet  at  least  once  in  each  month.  All  reports  of  committees 
of  the  board  appointed  under  its  by-laws  shall  be  presented 
to  the  executive  committee  for  its  consideration  and  action 
before  being  presented  to  the  board,  unless  otherwise  ordered 
by  the  board.  The  president  of  the  board  shall  be  ex  officio 
the  chairman  of  the  executive  committee. 

Id.;  to  be  representative  of  school  system;  to  submit  estimate  for 
entire  school  system. 

§  1064.  The  board  of  education  shall  represent  the  schools 
and  the  school  system  of  The  City  of  New  York  before  the 
board  of  estimate  and  apportionment,  and  before  the 
board  of  aldermen,  in  all  matters  of  appropriations 
in  the  budget  of  the  city  for  educational  purposes,  and 
in  all  other  matters,  and  shall  in  general,  be  the  repre- 
sentative of  the  school  system  of  the  city  in  its  entirety.  On  or 
before  the  fifteenth  of  September  in  each  year  it  shall  submit 
an  estimate  in  detail  of  the  moneys  needed  for  the  entire  school 
system  of  the  city,  during  the  next  succeeding  calendar  year, 
to  the  board  of  estimate  and  apportionment  for  its  action. 
The  board  of  estimate  and  apportionment  shall  appropriate 
for  the  general  school  fund  for  the  year  nineteen  hundred  and 
two  and,  annually,  for  each  year  thereafter,  an  amount 
equivalent  to  not  less  than  four  mills  on  every  dollar 
of  assessed  valuation  of  the  real  and  personal  estate  in  The 
City  of  New  York,  liable  to  taxation.  In  case  the 
amount  so  appropriated  for  the  general  school  fund  exceeds 
the  expenditures  and  ascertained  liabilities  chargeable  to  such 
fund  during  any  one  year,  the  amount  by  which  the  said  gen- 


454 


LAWS  OF  NEW  YORK. 


eral  school  fund  exceeds  said  expenditures  and  liabilities  shall 
become  part  of  the  general  school  fund  for  the  next  succeed- 
ing year,  and  the  amount  to  be  raised  by  tax  for  said  fund 
shall  be  diminished  by  the  amount  of  said  excess.  The  board 
of  education  shall  administer  all  moneys  appropriated  or  avail- 
able for  educational  purposes  in  The  City  of  New  York,  sub- 
ject to  the  general  provisions  of  this  act  relating  to  the  audit 
and  payment  of  salaries  and  other  claims  by  the  department 
of  finance. 

Id.;  to  use  and  control  certain  premise;.. 

§  1065.  The  board  of  education  shall  have  power  to  use 
and  to  control  the  premises  known  as  the  hall  of  the  board 
of  education,  at  the  corner  of  Park  avenue  and  Fifty-ninth 
street  in  the  borough  of  Manhattan,  and  any  other  buildings 
to  be  occupied  for  like  purposes  in  The  City  of  New  York, 
and  to  make  all  the  repairs,  alterations  and  additions  in  and 
to  the  said  building  or  buildings  which  the  board  of  educa- 
tion may  authorize  and  deem  advisable.  It  shall  provide 
such  offices  and  rooms,  as  it  may  deem  advisable  within  the 
boroughs  of  The  City  of  New  York,  for  the  administration  of 
the  powers  and  duties  conferred  by  this  chapter  upon  the 
board  of  education,  the  board  of  superintendents,  and  the  city 
superintendent. 

Id.;  to  dispose  of  personal  property;  disposition  of  proceeds;  to  lease 
property  and  make  contracts. 

§  1066.  The  board  of  education  shall  have  power,  in  the 
name  of  The  City  of  New  York  and  for  said  city,  to 
dispose  of  such  personal  property  used  in  the  schools  or 
other  buildings  under  the  charge  of  said  board  as  shall  no 
longer  be  required  for  use  therein,  and  all  moneys  realized  by 
the  sale  thereof  shall  be  paid  into  the  city  treasury  and  shall 
at  once  be  appropriated  by  the  board  of  estimate  and  appor- 
tionment, to  the  special  school  fund  of  the  board  of  education 
for  use  in  the  borough  in  which  the  property  sold  was  situated. 
Said  board  shall  have  power  to  lease  property  required  for  the 
purpose  of  furnishing  school  accommodations,  and  to  prepare 
and  execute  leases  therefor. 

Board  of  education;  to  appoint  certain  ofRcers,  clerks,  etc.,  and  fix 
their  salaries. 

§  1067.  The  said  board  of  education  shall  have  power 
to  appoint  a  secretary  of  the  board;  a  superintendent 
of  school  buildings,  who  shall  be  an  architect  of  experience 


CHAKTER  OF  NEW  YORK  CITY. 


455 


and  good  standing,  and  whose  term  of  office  shall  be  for  six 
years ;  a  superintendent  of  school  supplies  whose  term  of  office 
shall  be  for  six  years ;  a  city  superintendent  of  schools  for  the 
term  of  six  years;  a  supervisor  of  lectures  for  the  term  of  six 
years;  and  one  or  more  auditors.  The .  said  board 
may  appoint  a  chief  clerk  and  such  other  officers, 
clerks^  or  subordinates  as  it  may  deem  necessary  for  its  ad- 
ministrative duties,  and  as  are  provided  for  by  the  proper  ap- 
propriation. The  city  superintendent  of  schools,  any  associate 
city  superintendent,  any  district  superintendent,  the  super- 
visor of  lectures,  any  member  of  the  board  of  examiners, 
the  secretary  of  the  board  of  education,  the  superintendent 
of  school  buildings,  the  superintendent  of  school  supplies, 
the  auditor  or  auditors,  and  any  other  officers,  clerks  or  sub- 
ordinates of  the  board,  may,  any  or  either  of  them,  be  re- 
moved for  cause  at  any  time  by  a  vote  of  three- 
fourths  of  all  the  members  of  the  board  of  edu- 
cation, and  may  be  suspended  by  the  board  of  edu- 
cation pending  the  trial  of  charges.  The  said  board  shall 
fix  and  regulate  within  the  proper  appropriation  the  salaries 
or  compensation  of  the  city  superintendent  of  schools,  of  the 
associate  citysuperintendents  and  the  district  superintendents, 
and  of  members  of  the  board  of  examiners. 

Id.;  power  to  enact  by=laws,  rules  and  regulations. 

§  1068.  The  board  of  education  shall  have  power, 
subject  to  the  provisions  of  law  and  of  this  act,  to  enact  by- 
laws, rules  and  regulations  for  the  proper  execution  of  all 
duties  devolved  upon  the  board,  its  members  and  committees 
and  upon  the  several  local  school  boards;  for  the  transaction 
of  all  business  pertaining  to  the  same;  for  defining  the  duties 
of  the  city  superintendent  of  schools,  the  superintendent  of 
school  buildings,  the  superintendent  of  school  supplies,  of  its 
auditor  or  auditors,  its  clerks  and  subordinates ;  for  regulating 
the  manner  of  making  disbursements  from  any  of  the  funds 
apportioned  to  any  borough  for  school  purposes,  fo.r  the  proper 
execution  of  all  powers  vested  in  it  by  law,  and  for  the  pro- 
motion of  the  welfare  and  best  interests  of  the  public  schools 
and  public  school  system  of  the  city  in  the  matters  committed 
to  its  care.  Until  the  board  of  education  shall  act  under  the 
provisions  of  this  section  the  by-laws,  rules  and  regulations 
of  the  board  of  education  and  of  the  several  borough  school 
boards  in  force  on  the  first  day  of  January,  nineteen  hundred 


456 


LAWS  OF  NEW  YORK. 


and  two,  shall  remain  in  full  force  and  effect  so  far  as  they  are 
not  inconsistent  with  the  provisions  of  this  act  and  are  appli- 
cable. 

Board  of  education  succeeds  to  specific  powers  heretofore  exercised 
by  borough  boards. 

§  1069.  The  board  of  education  shall,  in  addition  to  the 
other  powers  herein  expressly  conferred,  have  power : 

1.  To  establish  and  conduct  elementary  schools,  kinder- 
gartens, manual  training  schools,  trade  schools,  truant 
schools,  evening  schools  and  vacation  schools. 

2.  To  maintain  free  lectures  and  courses  of  instruction  for 
the  people  of  The  City  of  New  York. 

3.  To  provide  special  classes,  whose  sessions  shall  be  held 
at  such  times  in  the  day  or  evening  as  said  board  may  deter- 
mine, for  the  purpose  of  giving  instruction  in  the  EngHsh 
language  to  persons  who  cannot  use  that  language  readily, 
and  whose  vocations  are  such  as  to  prevent  their  attending  the 
elementary  or  other  schools  in  the  school  system. 

4.  To  provide  one  or  more  high  schools  and  training  schools 
or  classes  for  teachers,  as  it  may  from  time  to  time  determine, 
and  as  the  appropriations  may  permit.  The  said  training 
schools  or  classes  shall  be  under  the  control  of  the  board  of 
education  and  of  the  city  superintendent  of  schools  to  the  ex- 
tent that  may  be  necessary  to  secure  compliance  with  chapter 
one  thousand  and  thirty-one  of  the  laws  of  eighteen  hundred 
and  ninety-five. 

5.  To  establish  and  conduct  play  grounds  in  connection 
with  the  public  schools. 

6.  To  establish  new  schools  and  discontinue  or  consolidate 
any  of  the  schools  of  the  system. 

Id.;  secretary;  duties;  secretary  and  chief  clerk  may  administer  oaths. 

§  1070.  The  secretary  of  the  board  of  education 
shall  have  charge  of  the  rooms,  books,  papers  and  documents 
of  the  board,  and  shall,  in  addition  to  his  duties  as  secretary 
of  the  board,  perform  such  other  duties  as  may  be  required  bv 
its  members  or  committees.  The  secretary  and  the  chief  clerk 
of  said  board  are  authorized  to  administer  oaths  and  take  aflPi- 
davits  in  all  matters  appertaining  to  the  schools  in  The  City 
of  New  York,  and  for  that  purpose  shall  possess  all  the  power*: 
of  a  commissioner  of  deeds,  but  shall  not  be  entitled  to  any  of 
the  fees  or  emoluments  thereof. 


CHARTER  OF  NEW  YORK  CITY. 


457 


Id.;  provide  for  branches,  etc.,  in  boroughs. 

§  1071.  The  board  of  education  shall  make  provision  for 
the  organization  in  the  various  boroughs  of  such  branches  as 
they  may  deem  necessary  in  the  bureaus  of  the  superinten- 
dents of  school  buildings  and  of  school  supplies,  and  shall 
make  such  provisions  by  its  by-laws  as  v^ill  secure  prompt 
and  efficient  service  for  the  selection  and  acquisition  of  sites, 
the  planning  and  erection  of  new  buildings  for  school  pur- 
poses, and  for  the  alteration  and  repair  of  existing  buildings, 
and  for  the  regulation  of  the  purchase  and  distribution  of 
school  books  and  supplies,  and  for  the  execution  and  carrying 
into  effect  of  all  matters  and  things,  authority  for  which  shall 
have  been  granted  by  the  board,  and  for  the  preservation  of 
all  school  records.  Subject  to  such  by-laws,  the  superintend- 
ent of  school  buildings  shall  be  the  executive  officer  of  the 
board  in  respect  to  all  matters  relating  to  the  bureau  of  build- 
ings, or  in  respect  to  which  he  is  charged  with  duties  under 
the  provisions  of  this  act.  He  shall  advertise  for  bids  for  the 
erection,  alteration  or  repair  of  any  building  to  be  used  for 
educational  purposes  in  The  City  of  New  York  which  has  been 
authorized  by  the  board  of  education. 

Superintendent  of  school  buildings;  oath  and  security  by;  subject  to 
regulations  of  board;  vacancy  in  office. 

§  1072.  The  superintendent  of  school  buildings  shall 
take  and  subscribe  before  the  secretary  or  the  chief  clerk 
of  the  board  of  education,  the  oath  prescribed  by  the  constitu- 
tion of  this  state,  and  give  such  security  for  the  faithful 
performance  of  the  duties  of  his  office  as  the  board  of  education 
may  direct;  and  the  bureau  under  his  charge  shall  be  subject 
to  such  rules  and  regulations  as  the  board  may  establish,  one 
of  which  shall  prohibit  the  performance  by  him  of  any  work, 
on  any  other  account,  similar  to  that  performed  under  the 
regulations  so  established,  except  for  the  normal  college  of 
The  City  of  New  York,  and  like  institutions  in  the  depart- 
ment of  education.  Any  vacancy  in  the  said  office  of  super- 
intendent of  school  buildings  shall  be  filled  by  appointment 
for  the  unexpired  term. 

Id.;  deputy  in  each  borough;  plans  for  school  buildings. 

'§  1073.  The  superintendent  of  school  buildings  may 
appoint  a  deputy  superintendent  for  each  of  the  boroughs, 
who  shall  be  an  architect  or  engineer  of  good  standing,  and, 
With  the  authority  of  the  board  of  education,  he  may  empower 


458 


LAWS  OF  NEW  YORK. 


a  deputy  superintendent  in  his  place  and  stead  to  execute  all 
the  duties  of  superintendent  and  such  other  duties  as  the  board 
of  education  may,  by  regulation,  prescribe.  All  plans  for 
new  school  buildings,  for  additions  to  school  buildings,  and 
for  structural  changes  in  old  buildings,  shall  be  passed  upon, 
and  must  be  approved  by  the  superintendent  of  school  build- 
ings, who  shall  submit  such  plans  to  the  board  of  education, 
whose  action  thereon  shall  be  final. 

Id.;  appointment  of  janitors. 

§  1074.  Janitors  shall  be  appointed  by  the  board  of  edu- 
cation. 

Board  of  education;  purchase  of,  and  regulations  regarding  supplies. 

§  1075.  The  board  of  education  shall  provide  for 
the  purchase  of  all  books,  apparatus,  stationery  and  other 
things  necessary  and  expedient  to  enable  the  schools  of  the 
city  to  be  properly  and  successfully  conducted.  It  shall  cause 
to  be  furnished  all  necessary  supplies,  and  shall  make  regula- 
tions for  the  furnishing  thereof  to  the  schools  in  the  several 
boroughs.  The  board  of  education  shall  have  power  to 
enact  by-laws  and  resolutions  for  the  government  of  the 
superintendent  of  supplies,  which  by-laws  and  resolutions  shall 
provide  that  all  supplies,  as  far  as  possible,  shall  be  obtained 
by  contract,  made  at  public  letting  in  the  manner  provided 
by  section  four  hundred  and  nineteen  of  this  act. 

Superintendent  of  supplies;  oath  and  security  by;  subject  to 
regulations  of  board;  vacancy;  deputy  superintendents  and  sub- 
ordinates; depots  of  supplies. 

§  1076.  The  superintendent  of  school  suppHes  shall  take 
and  subscribe  before  the  secretary  or  the  clerk  of  the  board 
of  education  the  oath  prescribed  by  the  constitution  of  this 
state,  and  shall  give  such  security  for  the  faithful  performance 
of  the  duties  of  his  office  as  the  board  of  education  may 
direct;  and  the  bureau  under  his  charge  shall  be  subject 
to  such  rules  and  regulations  as  the  board  may  establish.  Any 
vacancy  in  the  said  office  of  superintendent  of  school  supplies 
shall  be  filled  by  appointment  for  the  unexpired  term.  The 
superintendent  of  school  supplies  may  appoint  such  deputy 
superintendents  and  such  other  subordinates  as  the  by-laws  of 
the  board  of  education  may  authorize,  and  he  may,  with  the 
authority  of  said  board,  empower  a  deputy  superintendent  in 


CHARTER  OF  NEW  YORK  CITY. 


459 


his  place  and  stead  to  execute  all  the  duties  of  the  superin- 
tendent, and  such  other  duties  as  the  board  of  education  may 
by  regulation  prescribe.  He  shall  establish  such  depots  of 
supplies  in  any  of  the  boroughs  as  may  be  authorized  by  the 
board  of  education.  The  superintendent  of  school  supplies 
shall  be  the  executive  officer  of  the  board  in  respect  of  the 
purchase,  storing  and  distribution  of  all  supplies  for  the  use 
of  the  schools,  the  board  of  education,  the  officers  and  em- 
ployes thereof,  the  several  local  school  boards  and  the 
office  of  the  city  superintendent ;  the  printing  for  the 
board  and  any  of  its  officers,  employes  or  departments,  and 
the  local  school  boards;  transportation  of  school  children;  and 
such  other  matters  as  may  be  assigned  to  him  as  such  execu- 
tive officer  by  the  by-laws  of  the  board.  He  shall  advertise 
for  bids  for  supplies  and  equipments,  for  the  use  of  the  schools, 
the  board  of  education  or  any  of  the  bureaus  thereof  and  the 
several  local  school  boards,  which  have  been  authorized  by 
the  board  of  education,  and  when  such  advertisement  is  re- 
quired by  law  or  the  by-laws  of  the  board. 

City  superintendent  of  schools;  rights  and  duties. 

§  1077.  The  city  superintendent  of  schools  shall  have 
the  right  of  visitation  and  inquiry  in  all  of  the  schools 
of  The  City  of  New  York  as  constituted  under  this  act,  and 
he  shall  report  to  the  board  of  education  on  the  educational 
system  of  the  city,  and  upon  the  condition  of  any  and  all  of  the 
schools  thereof.  He  shall  have  a  seat  in  the  board  of  educa- 
tion, and  the  right  to  speak  on  all  matters  before  the  board, 
but  not  to  vote. 

Id.;  further  duties;  annual  report;  clerks  of  main  office. 

§  1078.  The  city  superintendent  of  schools,  so  often  as 
he  can  consistently  with  his  other  duties,  shall  visit  the 
schools  of  the  city  as  he  shall  see  fit,  and  inquire  into 
all  matters  relating  to  the  government,  courses  of  instruction, 
methods  of  teaching,  management  and  discipline  of  such 
schools,  and  the  condition  of  the  school-houses  and  of  the 
schools  generally;  and  shall  advise  and  encourage  the  pupils 
and  teachers  and  officers  thereof ;  subject  to  the  by-laws  of  the 
board  of  education,  he  shall  prescribe  suitable  registers,  blanks, 
forms  and  regulations  for  the  making  of  all  reports,  and  for 
conducting  all  necessary  business  connected  with  the  school 
system  and  he  shall  cause  the  same,  with  such  in- 
formation   and    instructions    as    he    shall    deem  con- 


460 


LAWS  OF  NEW  YORK. 


ducive  to  the  proper  organization  and  government  of 
the  schools,  and  the  due  execution  of  their  duties 
by  school  officers,  to  be  transmitted  to  the  officers 
or  persons  entrusted  with  the  execution  of  the  same.  He  shall 
submit  to  the  board  of  education  an  annual  report  containing 
a  statement  of  the  condition  of  the  schools  of  the  city,  and  all 
such  matters  relating  to  his  office,  and  such  plans  and  sugges- 
tions for  the  improvement  of  the  schools  and  the  school 
system,  and  for  the  advancement  of  public  instruction  in  The 
City  of  New  York  as  he  shall  deem  expedient,  and  as  the  by- 
laws of  the  board  of  education  may  direct.  He  shall  enforce 
the  compulsory  education  law,  and  shall  nominate  attendance 
officers  to  the  board  of  education  and  shall  direct  such 
officers  in  their  duties.  He  may  appoint  such  clerks  as  he 
may  deem  necessary,  and  as  are  authorized  by  the  board  of 
education.  He  shall  assign  his  clerks  to  their  various  duties, 
and  may  suspend  or  discharge  them  for  cause,  but  in  such 
case,  the  clerks  shall  have  a  right  of  appeal  to  the  board 
of  education.  He  shall  report  as  often  as  the  board  of 
education  shall  direct  upon  any  matter  or  matters,  entrusted 
to  his  charge,  in  such  detail  as  shall  be  required  of  him.  He 
shall  maintain  his  main  office  in  the  borough  of  Manhattan, 
and  in  such  building  as  the  board  of  education  shall  direct. 
He  shall  have  power,  at  any  time,  to  call  together  any  or  all 
of  the  associate  city  superintendents  and  district  su- 
perintendents for  consultation,  and  shall  assign  to  them, 
subject  to  the  by-laws  of  the  board  of  education,  such 
duties  as  in  his  judgment  will  be  conducive  to  the  wel- 
fare of  the  public  schools  of  The  City  of  New  York.  Twenty- 
three  of  the  district  superintendents  shall  be  assigned  by  the 
city  superintendent  to  the  work  of  supervision  in  the  local 
school  board  districts,  to  be  constituted  as  hereinafter  pro- 
vided, in  such  manner  that  one  district  superintendent  shall 
be  assigned  to  such  duty  in  two  of  such  districts  for  the 
period  of  one  school  year.  At  the  end  of  such  period  the 
city  superintendent  shall  have  power  to  change  such  assign- 
ments as  he  may  deem  best  for  the  interests  of  the  school  sys- 
tem, but  only  in  the  manner  above  provided.  District  super- 
intendents when  not  so  assigned  to  such  duty  in  said  districts 
shall  be  assigned  by  the  city  superintendent  to  such  other 
professional  duties  as  the  welfare  of  the  school  system 
may  require.  It  shall  further  be  the  duty  of  the  city 
superintendent  to  report  any  case  of  gross  misconduct,  in- 
subordination, neglect  of  duty,  or  general  inefficiency  on  the 


CHARTER  OF  NEW  YORK  CITY. 


461 


part  of  any  associate  city  superintendent  or  district  superin- 
tendent to  the  board  of  education.  The  city  superintendent 
may  empower  an  associate  city  superintendent  to  execute 
all  the  duties  of  the  city  superintendent  during  his  absence 
or  disability. 

City  superintendent,  associate  city  superintendents,  board  of  super- 
intendents, district  superintendents  and  directors. 

§  1079.  There  shall  be  eight  associate  city  superintendents, 
who,  with  the  city  superintendent,  shall  constitute  the  board 
of  superintendents.  They  shall  be  appointed  by  the  board 
of  education  by  a  vote  of  a  majority  of  its  members,  and  shall 
serve  for  the  term  of  six  years,  provided,  however,  that  the 
borough  superintendents  in  office  on  the  first  day  of  January, 
nineteen  hundred  and  two,  shall  serve  out  as  associate  city 
superintendents  the  terms  for  which  they  were  appointed  by 
the  respective  borough  school  boards  heretofore  existing, 
and  upon  the  expiration  of  their  respective  terms  of  office 
their  successors  shall  be  appointed  in  the  manner  and  for  the 
term  herein  provided,  and  provided  also  that  the  other  four 
associate  city  superintendents  shall  be  appointed  from  the 
associate  borough  superintendents  in  office  on  the  first  day 
of  January,  nineteen  hundred  and  two,  and  when  so  ap- 
pointed they  shall  serve  out  as  associate  city  superintendents 
the  terms  for  which  they  were  respectively  appointed  as  such 
associate  borough  superintendents.  The  city  superintend- 
ent shall  preside  over  the  board  of  superintendents,  and  all 
communications  from  the  board  shall  be  made  in  his  name 
unless  in  any  special  case  he  may  otherwise  elect.  The  board 
of  education  shall  have  power  to  pass  by-laws  regulating  the 
duties  of  the  city  superintendent  and  of  the  board  of  super- 
intendents. There  shall  be  twenty-six  district  superintend- 
ents to  be  appointed  by  the  board  of  education  for  the  term 
of  six  years  upon  the  nomination  of  the  board  of  superintend- 
ents, provided,  however,  that  the  associate  borough  super- 
intendents in  office  on  the  first  day  of  January,  nineteen  hun- 
dred and  two,  shall  serve  out  as  associate  city  superintendents 
or  as  district  superintendents  the  terms  for  which  they  were 
appointed  as  such  associate  borough  superintendents  by  the 
respective  borough  school  boards  heretofore  existing;  and 
upon  the  expiration  of  their  respective  terms  of  office  their 
successors  shall  be  appointed  in  the  manner  and  for  the  term 
above  provided.  The  offices  of  borough  superintendent  of 
schools  and  associate  borough  superintendent  of  schools  shall 


462 


LAWS  OF  NEW  YORK. 


be  abolished  on  the  first  Monday  of  February,  nineteen  hun- 
dred and  two.  Except  as  herein  otherwise  provided,  no 
person  shall  be  eligible  for  election  as  city  superintendent, 
associate  city  superintendent,  or  district  superintendent 
who  has  not  one  of  the  following  qualifications:  (a)  Gradua- 
tion from  a  college  or  university  recognized  by  the  University 
of  the  State  of  New  York,  together  with  at  least  five  years 
of  successful  experience  in  teaching  or  supervision  since 
graduation;  (b)  A  principal's  certificate  for  any  of  the  bor- 
oughs of  The  City  of  New  York  obtained  as  a  result  of  ex- 
amination, together  with  ten  years'  successful  experience  in 
supervision  or  teaching.  Resignations  of  the  city  superin- 
tendent and  the  associate  city  superintendents  shall  be  made 
to  the  board  of  education.  Resignations  of  the  district 
superintendents  and  directors  of  special  branches  shall  be 
made  to  the  board  of  superintendents  and  shall  be  reported 
immediately  to  the  board  of  education.  The  board  of  educa- 
tion shall  have  power,  upon  the  nomination  of  the  board 
of  superintendents,  to  appoint  such  directors  of  special 
branches  as  it  deems  necessary,  for  the  term  of  six  years; 
such  directors  shall  be  subject  to  the  supervision  and  direc- 
tion of  the  city  superintendent.  No  person  shall  be  eligible 
for  election  as  director  of  a  special  branch,  such  as  music, 
drawing,  kindergarten,  etc.,  who  is  not:  (a)  A  graduate  of  a 
college  or  university  recognized  by  the  University  of  the 
State  of  New  York;  and  (b)  a  graduate  from  a  course  of  pro- 
fessional training  of  at  least  two  years  in  the  special  branch 
that  he  is  to  supervise  or  teach;  and  (c)  a  teacher  of  that 
special  branch  with  at  least  three  years  of  successful  ex- 
perience. Nothing  in  this  act  contained  shall  prevent  the  re- 
election of  any  superintendent  in  office  at  the  time  of  the 
passage  of  this  act. 

General  duties  of  district  superintendents. 

§  1080.  Under  the  supervision  and  direction  of  the  city 
superintendent,  district  superintendents  shall  visit  every 
school  in  the  district  to  which  they  are  assigned;  shall  inquire 
into  all  matters  relating  to  the  government,  courses  of  study, 
methods  of  teaching,  discipline  and  conduct  of  such  schools, 
and  the  condition  of  the  school-houses  and  of  the  schools  gen- 
erally; shall  examine  classes  when  necessary;  and  shall  advise, 
assist  and  encourage  the  pupils  and  teachers  thereof.  The 
district  superintendents  shall  report  the  results  of  such  In- 
spections and  examinations  to  the  city  superintendent. 


CHARTER  OF  NEW  YORK  CITY. 


463 


who  shall  transmit  such  parts  of  said  reports  as  he  may 
consider  necessary  or  proper  to  the  board  of  education 
and  to  the  local  school  boards  for  the  districts  for  which  the 
same  are  made  respectively.  Such  reports  shall  be  made  at 
such  times,  concerning  such  matters,  and  in  such  form  as 
said  city  superintendent  shall  require.  It  shall  further  be  the 
duty  of  each  district  superintendent  to  report  to  the  local 
school  board  within  any  district  to  which  he  is  assigned,  and 
through  the  city  superintendent  to  the  board  of  education, 
any  case  of  gross  misconduct,  neglect  of  duty,  or  general 
inefficiency  arising  in  such  district  on  the  part  of  any  prin- 
cipal or  teacher  or  other  member  of  the  educational  staflf 
within  his  jurisdiction. 

Board  of  superintendents;  lists  of  principals,  etc.,  to  be  kept  by;  where 
principals  report. 

§  1 08 1.  The  board  of  superintendents  shall  keep  a  list  of  all 
principals  and  teachers  in  the  service  of  the  board  of  education 
in  the  several  boroughs,  with  a  record  of  the  dates  of  their 
appointment,  the  grades  and  classes  taught  by  them,  and  of 
such  other  matters  as  the  board  of  superintendents  may  pre- 
scribe. Such  lists  shall  be  open  to  the  inspection  of  teachers 
(as  to  their  own  records  only),  of  members  of  the  board  of 
education,  of  the  members  of  the  local  school  boards,  of 
district  superintendents,  and  of  principals.  Principals  shall 
report  to  the  city  superintendent  or  to  the  district  superin- 
tendent within  their  district  at  such  times,  upon  such  matters, 
and  in  such  form  as  the  city  superintendent  or  such  district 
superintendent  may  require. 

Promotion  or  transfer  of  pupils;  rules  and  regulations. 

§  1082.  The  board  of  superintendents  shall  establish  for  the 
schools,  subject  to  the  approval  of  the  board  of  education, 
rules  and  regulations  for  the  reception  of  pupils  in  the  schools 
of  the  city,  the  promotion  of  pupils  from  grade  to  grade,  from 
school  to  school,  for  the  graduation  from  all  grades  of  schools, 
and  for  the  transfer  of  pupils  from  one  school  to  another. 

Recommendations  of  and  requisitions  for  text  books  and  scholastic 
supplies. 

§  1083.  The  board  of  education  shall,  upon  the  recommen- 
dation of  the  board  of  superintendents,  approve  text  books, 
apparatus  and  other  scholastic  supplies  for  use  in  the  public 


4G4 


LAWS  OF  NEW  YORK. 


schools  of  the  city.  Requisitions  for  such  text  books,  appa- 
ratus and  scholastic  supplies  shall  be  made  by  principals  upon 
the  superintendent  of  supplies  under  rules  to  be"  established  by 
the  board  of  education,  but  no  requisition  for  any  school  shall 
be  honored  unless  it  is  approved  in  writing  by  the  district 
superintendent  of  the  district  where  such  school  is  situated. 

Changing  grades  of  schools  and  classes;  courses  of  study. 

§  1084.  The  board  of  education  shall  have  power  to  change 
the  grades  of  all  schools  and  of  all  classes  of  any  high  school 
or  other  school  under  its  charge  upon  the  written  recom- 
mendation of  the  board  of  superintendents,  and  upon  the 
same  recommendation  to  adopt  and  modify  courses  of  study 
for  all  schools  under  its  supervision. 

Duties  of  the  board  of  superintendents,  city  superintendent,  district 
superintendents  and  supervisors  with  reference  to  special 
branches. 

§  1085.  The  board  of  superintendents,  with  the  advice  of 
the  directors  of  the  respective  special  branches,  shall  assign 
to  the  several  school  districts  such  teachers  of  drawing,  music, 
physical  culture,  manual  training,  cooking,  sewing  or  other 
special  branches  as  the  board  of  education  may  appoint.  The 
district  superintendents  shall  assign  such  teachers  of  special 
branches  to  their  duties  in  the  schools  of  the  several  districts 
to  which  they  are  appointed.  The  directors  of  special 
branches  shall  act  as  advisors  to  the  board  of  superintendents, 
to  the  district  superintendents,  and  to  principals,  with  regard 
to  the  special  branches  they  supervise;  under  the  direction  of 
the  city  superintendent  they  shall  examine  the  work  in  their 
several  branches,  report  upon  the  same,  and  instruct  special 
teachers  and  class  teachers  in  the  teaching  of  their  several 
branches. 

Methods  of  teaching.   Syllabuses  of  topics. 

§  1086.  Subject  to  regulations  prescribed  by  the  board  of 
superintendents,  and  under  the  supervision  of  the  district  su- 
perintendent in  charge,  the  principal  of  each  school  shall  di- 
rect the  methods  of  teaching  in  all  classes  under  his  charge. 
The  board  of  superintendents  shall  have  the  power,  from  time 
to  time,  to  issue  syllabuses  of  the  topics  in  the  various 
branches  taught,  which  shall  be  regarded  as  the  minimum 
amount  of  work  required  in  such  branches. 


CHARTER  OF  NEW  YORK  CITY.  465 


Power  to  create  local  school  board  districts;  presidents  of  the  bor- 
oughs to  appoint  members  of  the  local  school  boards;  terms, 
organization,  etc.,  of  local  school  boards. 

§  1087.  Prior  to  the  fifteenth  day  of  February, 
nineteen  hundred  and  two,  the  board  of  education 
shall  divide  the  boroughs  under  its  charge  into  forty- 
six  local  school  board  districts,  of  which  twenty-two 
shall  be  wholly  in  the  borough  of  Manhattan,  fourteen 
wholly  in  the  borough  of  Brooklyn,  four  wholly  in  the  bor- 
ough of  The  Bronx,  four  wholly  in  the  borough  of  Queens, 
and  two  wholly  in  the  borough  of  Richmond.  The  districts 
in  each  borough  must  be  compact  in  form,  and,  as  near  as 
may  be,  of  equal  school  attendance  in  the  public  schools 
therein.  Subject  to  such  conditions  of  equality  of  school 
attendance  and  that  the  districts  shall  be  compact  in  form, 
the  board  of  education  shall  thereafter  have  power  every  five 
years,  again  to  divide  the  said  boroughs  into  said  number  of 
districts,  making  such  changes  in  existing  districts  as  it  deems 
proper.  Upon  the  division  of  the  several  boroughs  into  such 
districts,  and  upon  any  redivision  thereof  as  above  provided, 
the  board  of  education  shall  file  maps  of  the  same,  duly 
authenticated  by  the  secretary  of  the  board,  in  the  office  of 
the  mayor  of  The  City  of  New  York,  and  at  the  same  time 
shall  also  file  in  the  office  of  the  president  of  each  borough  a 
duplicate,  similarly  authenticated,  of  the  portion  of  said  maps 
showing  the  division  or  redivision  of  such  borough  into  such 
districts.  There  shall  be  in  each  of  said  districts  a  local 
school  board  consisting  of  seven  members,  as  follows:  Five 
persons  to  be  appointed  by  the  president  of  the  borough,  a 
member  of  the  board  of  education  designated  by  the  presi- 
dent of  that  board,  as  hereinafter  provided,  and  the  district 
superintendent  assigned  to  duty  in  such  district  by  the  city 
superintendent,  as  hereinbefore  provided.  When  the  board 
of  education,  pursuant  to  the  powers  above  conferred,  shall 
have  divided  any  borough  or  boroughs  into  local  school 
board  districts,  the  presidents  of  the  boroughs  in  which  such 
districts  are  located  respectively  shall,  within  thirty  days 
thereafter,  appoint  in  and  for  each  of  such  districts  five  mem- 
bers of  the  local  school  board  to  hold  office  respectively  as 
may  be  designated  in  their  letters  of  appointment,  for  one, 
two,  three,  four  and  five  years  from  the  first  day  of  January 
next  following  the  date  of  their  appointments.  Upon  the 
expiration  of  their  respective  terms,  such  presidents  shall  ap- 
point their  successors  for  the  full  term  of  five  years.  Where 


466 


LAWS  OF  NEW  YOKK. 


boundaries  of  any  of  the  local  school  board  districts  shall  be 
changed  by  a  redivision  of  a  borough  or  any  part  thereof,  the 
board  of  education  shall  have  power,  and  it  shall  be  its  duty, 
to  designate  the  new  districts  within  which  the  local  school 
boards  appointed  for  districts  affected  by  such  redivision 
shall  thereafter  act.  Such  designation  shall  be  made  in  such 
manner  that  the  new  district  within  which  any  local  school 
board  shall  thereafter  act  shall  contain  a  portion  of  the  dis- 
trict for  which  such  board  was  originally  appointed.  Within 
such  new  districts  respectively  the  said  local  school  boards 
shall  have  the  same  powers,  duties  and  functions  theretofore 
exercised  by  them  within  the  districts  for  which  they  were 
originally  appointed;  and  they  shall  serve  out  as  members 
of  the  local  school  board  for  such  new  districts  the  term  of 
office  for  which  they  were  appointed  respectively.  All  mem- 
bers of  local  school  boards  shall  serve  without  pay,  and  shall 
be  residents  of  the  districts  in  and  for  which  they  are  ap- 
pointed, except  that  where  local  school  boards  are  designated 
by  the  board  of  education  to  act  in  new  districts  created  as 
aforesaid,  it  shall  not  be  necessary  for  the  members  thereof 
to  be  residents  of  such  districts  during  the  remainder  of  their 
terms  of  office  respectively.  Any  vacancy  in  any  local  school 
board  caused  by  death,  resignation  or  otherwise,  shall  be 
filled  for  the  unexpired  term  by  the  president  of  the  borough 
where  such  vacancy  may  occur.  Each  local  school  board 
shall,  within  ten  days  after  all  the  members  thereof 
shall  have  been  appointed,  in  the  year  nineteen  hun- 
dred and  two,  and  on  the  second  Monday  of  Janu- 
ary •  in  every  year  thereafter,  organize  by  the  election 
of  two  of  its  members  as  chairman  and  secretary.  It  shall 
meet  as  often  as  may  be  necessary  for  the  efficient  perform- 
ance of  the  duties  imposed  upon  it,  and  not  less  than  once  in 
each  month  excepting  July  and  August.  The  president  of 
the  board  of  education  shall  designate  each  member  of  the 
said  board  to  be  an  ex  officio  member  of  one  local  school 
board  within  the  borough  where  such  member  shall  reside, 
and  he  shall  serve  as  a  member  of  such  local  school  board  for 
the  term  of  one  year  or  until  the  earlier  expiration  of  his 
term  of  office  as  a  member  of  the  board  of  education.  When 
a  member  of  the  board  of  education  shall  cease  for  any 
cause  to  be  a  member  of  the  local  school  board  to  which  he 
is  designated,  the  president  of  the  board  of  education  shall 
designate  his  successor  as  above  provided.  A  member  of 
the  board  of  education  sitting  as  a  member  of  a  local  school 


CHARTER  OF  NEW  YORK  CITY. 


4G7 


board  shall  have  power  to  vote,  but  shall  not  be  eligible  for 
election  as  the  chairman  or  secretary  of  such  board.  The 
district  superintendent  assigned  to  any  local  school  board 
district  as  herein  provided  shall  have  a  seat  in  the  local  school 
board  district  for  such  district,  and  the  right  to  speak  on  all 
matters  before  the  board.  But  he*  shall  not  have  the  right 
to  vote  or  be  eligible  for  election  as  chairman  or  secretary 
of  the  board.  The  powers,  duties  and  functions  of  the  in- 
spectors of  common  schools  in  office  on  the  thirty-first  day 
of  December,  nineteen  hundred  and  one,  shall  continue  until 
the  fifteenth  day  of  February,  nineteen  hundred  and  two,  or 
until  the  earlier  division  of  the  said  boroughs  into  local 
school  board  districts  as  above  provided,  when  they  shall 
cease  and  determine  and  the  offices  of  said  inspectors  shall 
thereupon  be  abolished. 

Duties  of  local  school  boards. 

§  1088.  Subject  to  regulation  by  the  by-laws  of  the  board 
of  education,  the  duties  and  powers  of  the  local  school  boards 
shall  be  as  follows:  (a)  In  their  respective  districts,  they  shall 
visit,  at  least  once  in  every  quarter,  all  the  schools  in  the  dis- 
trict, and  inspect  the  same,  in  respect  to  punctual  and  regular 
attendance  of  the  pupils  and  teachers,  the  number  and  fidelity 
of  the  teachers,  the  studies,  progress,  order  and  discipline  of 
the  pupils,  the  cleanliness,  safety,  warming,  ventilation  and 
comfort  of  school  premises,  and  the  observance  of  the  provi- 
sions of  the  school  laws  in  respect  to  the  teaching  of  sectarian 
doctrines  or  the  use  of  sectarian  books ;  and  shall  call  the  atten- 
tion of  the  board  of  education,  without  delay,  to  every  matter 
requiring  official  action.  They  shall  also,,  on  or  before  the 
first  day  of  January  and  June  of  each  year,  make  a  written 
report  to  the  board  of  education  in  respect  to  the  condition 
of  the  schools,  the  efficiency  of  teachers,  and  wants  of  the  dis- 
trict, especially  in  regard  to  schools  and  school  premises, 
(b)  They  shall  report  immediately  to  the  board  of  education 
whenever  additional  accommodation  is  necessary  for  kinder- 
garten or  elementary  school  purposes,  with  a  recommendation 
of  the  sites  within  their  respective  districts  which  they  consider 
it  necessary  to  acquire  for  such  purposes.  They  shall  also 
recommend  the  erection  of  such  buildings  on  said  sites  or  on 
any  other  property  owned  by  The  City  of  New  York,  and  such 
repairs  or  alterations  of  school  buildings,  as  they  deem  neces- 
sary or  desirable.  They  shall  from  time  to  time  when  addi- 
tional school  accommodation  is  necessary  report  to  the  board 


468 


LAWS  OF  NEW  YORK. 


of  education  premises  which  are  suitable  and  may  be  hired  for 
that  purpose,  with  the  terms  upon  which  the  same  may  be 
obtained;  such  report  shall  be  accompanied  by  a  certificate 
from  the  borough  president  that  the  premises  so  recommended 
comply  with  the  law  and  ordinances  in  relation  to  buildings 
to  be  used  for  school  purposes,  (c)  They  shall  report  imme- 
diately to  the  board  of  education  any  dereliction  of  duty  on 
the  part  of  the  superintendent  of  supplies,  superintendent  of 
school  buildings,  the  city  superintendent,  or  any  of  their  depu- 
ties or  assistants  or  the  employes  in  their  respective  depart- 
ments, and  they  shall  present  to  the  board  of  education  all  of 
the  facts  and  circumstances  constituting  such  dereliction  of 
duty,  (d)  They  shall  have  power  to  excuse  absences  of 
teachers,  within  their  respective  districts,  subject,  however, 
to  the  approval  of  the  board  of  superintendents  in  cases  where 
teachers  are  excused  with  pay,  and  in  accordance  with  by-laws 
of  the  board  of  education  prescribing  rules  to  govern  all  such 
cases,  (e)  They  shall  try  and  determine  all  matters  relating 
to  discipline,  corporal  punishment  and  other  matters  affecting 
the  administration  of  the  schools  in  their  respective  districts 
arising  upon  the  complaint  of  pupils,  parents  or  guardians 
against  teachers  or  principals,  and  shall  impose  such  penalties 
as  may  be  prescribed  by  the  by-laws  of  the  board  of  education. 
But  they  shall  not  have  power  to  pass  upon  any  such  complaint 
against  a  teacher  until  after  the  matter  has  been  referred  to 
the  principal  of  the  school  in  which  such  teacher  is  employed, 
and  he  has  made  a  report  thereon,  (f)  They  shall  have 
power,  and  it  shall  be  their  duty,  to  try  charges  made  by  a 
principal,  a  district  superintendent  or  by  any  parent  or  guard- 
ian of  a  pupil,  residing  in  the  district,  against  a  teacher  em- 
ployed within  their  respective  districts,  for  gross  misconduct, 
insubordination,  neglect  of  duty  or  inefficiency.  On  receiving 
notice  of  said  charges  they  shall  immediately  proceed  to  try 
and  determine  the  case  and  shall  fix  the  penalty  or  punishment 
to  be  imposed  for  the  offense  committed,  which  shall  consist 
of  a  fine,  suspension  for  a  fixed  time  without  pay,  or  dismissal. 
Their  determination  upon  such  charges  and  the  penalty  or 
punishment  imposed  therefor  shall  be  reported  immediately  to 
the  board  of  education,  which  may  reject,  confirm  or  modify 
the  determinations  of  the  local  board,  and  the  penalty  or  pun- 
ishment imposed  and  the  decision  of  the  board  shall  be  final 
except  as  to  matters  in  relation  to  which,  under  the  general 
school  laws  of  the  state,  an  appeal  may  be  taken  to  the  state 
superintendent  of  public  instruction,    (g)  They  shall  present 


CHARTER  OF  NEW  YORK  CITY. 


469 


charges  of  any  dereliction  of  duty  on  the  part  of  janitors  in 
their  respective  districts  and  present  proof  thereof  to  the  board 
of  education,  (h)  They  shall  procure  the  enforcement  of  the 
law  and  the  by-laws  of  the  board  of  education  relating  to  the 
sanitary  condition  of  the  schools  and  the  health  of  the  pupils 
in  their  respective  districts,  (i)  They  shall  have  power  to 
transfer  teachers  from  school  to  school  within  their  respective 
districts,  but  only  after  hearing  the  principals  of  the  schools 
affected  by  such  transfers,  and  subject  to  the  approval  of  the 
board  of  superintendents,  provided,  however,  that  such  trans- 
fer shall  not  involve  promotion  or  increase  of  salary.  ( j )  They 
shall  report  to  the  board  of  education  and  to  the  board  of  super- 
intendents all  vacancies  in  the  teaching  force  as  soon  as  such 
vacancies  shall  occur,  (k)  Each  local  school  board  shall 
have  power  and  it  shall  be  its  duty  to  adopt  by-laws  regulating 
the  exercise  of  all  powers  and  duties  vested  in  it,  which  by-laws 
shall  not  conflict  with  the  by-laws  of  the  board  of  education 
or  with  the  provisions  of  this  chapter.  Each  local  school 
board  shall  keep  a  record  of  the  proceedings  of  the  meetings 
of  the  board,  which  shall  be  open  at  all  times  to  inspection 
by  the  board  of  education  or  any  member  thereof.  The  board 
of  education  shall  from  time  to  time  provide  for  such  expenses 
and  furnish  such  clerical  assistance  as  may  be  necessary  for 
the  proper  performance  by  the  local  school  boards  of  the  city 
of  the  duties  imposed  upon  them  by  this  act.  The  secretary 
of  a  local  school  board  shall  have  charge  of  the  books,  papers 
and  documents  of  the  board.  He  is  hereby  authorized  to 
administer  oaths  and  take  a^^idavits  in  all  matters  pertaining 
to  the  schools  of  The  City  of  New  York  in  his  district,  in  which 
a  local  school  board  has  power  to  act,  and  for  that  purpose 
shall  possess  all  the  powers  of  a  commissioner  of  deeds,  but 
shall  not  be  entitled  to  any  fees  or  emoluments  thereof.  The 
board  of  education  shall  provide  meeting  places  for  the  local 
school  boards,  which  may  be  in  any  of  the  school  buildings  in 
their  respective  districts. 

Board  of  examiners;  teachers*  licenses,  etc. 

§  1089.  A  board  of  examiners  is  hereby  constituted 
whose  duty  it  shall  be  to  examine  all  applicants  who 
are  required  to  be  licensed  in  and  for  The  City  of  New 
York,  and  to  issue  to  those  who  pass  the  required  tests  of 
character,  scholarship  and  general  fitness,  such  licenses  as  they 
are  found  entitled  to  receive.    Such  board  of  examiners  shall 


470 


LAWS  OF  NEW  YORK. 


consist  of  the  city  superintendent  of  schools,  together,  with 
four  persons  appointed  by  the  board  of  education  upon  the 
nomination  of  the  city  superintendent.  The  terms  of  the  first 
four  examiners  so  appointed  shall  be  one,  two,  three  and  four 
years,  respectively,  and  as  their  terms  respectively  expire, 
their  successors  shall  be  appointed  for  a  full  term  of  six 
years,  which  shall  thereafter  be  the  full  and  regular 
term  of  office  of  said  examiners.  They  shall  be  paid 
such  compensation  as  the  board  of  education  shall 
prescribe.  The  city  superintendent  of  schools  shall  have 
power  with  the  consent  of  the  board  of  education  to  employ 
assistants  temporarily  at  rates  to  be  fixed  by  the  board  of 
education.  To  be  eligible  to  appointment  as  an  examiner,  an 
applicant  must  possess  some  one  of  the  following  qualifica- 
tions, to  wit:  (a)  A  degree  or  diploma  of  graduation  from  a 
college  or  imiversity  recognized  by  the  regents  of  the 
university  of  the  state  of  New  York,  together  with 
at  least  five  years'  successful  experience  in  teaching  since 
graduation,  (b)  A  state  certificate  obtained  as  the  result  of 
an  examination  held  since  eighteen  hundred  and  seventy-five, 
together  with  at  least  ten  years'  successful  experience  in 
teaching,  (c)  The  highest  certificate  for  a  principal  or  su- 
perintendent in  force  when  this  act  takes  effect  in  any  city 
included  in  The  City  of  New  York  as  constituted  by  this 
act,  together  with  at  least  ten  years'  successful  experience 
in  teaching.  No  associate  city  superintendent,  district  super- 
intendent, principal  or  teacher  in  The  City  of  New  York  shall 
be  allowed  to  serve  on  the  board  of  examiners.  The  board  of 
education  on  the  recommendation  of  the  board  of  superin- 
tendents shall  designate,  subject  to  the  requirements  of  the 
state  school  laws  in  force  when  this  act  takes  effect  or  that 
may  thereafter  be  enacted,  the  kinds  or  grades  of  licenses  to 
teach  which  may  or  shall  be  used  in  The  City  of  New  York 
together  with  the  academic  and  professional  qualifications 
required  for  each  kind  or  grade  of  license.  The  board  of 
education,  on  the  recommendation  of  the  board  of  superin- 
tendents, shall  also  designate,  subject  to  the  Uke  limitations, 
the  academical  and  professional  qualifications  required  for 
-service  of  principals,  branch  principals,  supervisors,  heads  of 
departments,  assistants  and  all  other  members  of  the 
teaching  staff.  The  board  of  examiners  shall  hold 
such  examinations  as  the  city  superintendent  may  pre- 
scribe, and  shall  prepare  all  necessary  eligible  lists,  which  shall 
be  kept  in  the  office  of  the  city  superintendent  of  schools,  and 


CHARTER  OF  NEW  YORK  CITY. 


471 


be  open  to  inspection  by  members  of  the  Ijoard  of  education, 
associate  city  superintendents  and  district  superintendents, 
and  local  school  boards.  All  license^  shall  be  issued 
in  the  name  of  the  city  superintendent  of  schools. 
Graduates  of  colleges  and  universities  recognized  Ijy  the  re-, 
pursued  fcr  not  less  than  one  year  pedagc  gical  courses, 
gents  of  the  university  of  the  state  of  New  York,  who  have 
s^atisfactory  to  the  city  superintendent;  graduates  of 
schools  and  colleges  for  the  training  of  teachers,  approved 
by  the  state  supernitendent  of  public  instruction;  and  teachers 
holding  a  state  certificate  issued  by  the  state  supcrintendeni 
of  public  instruction  since  the  year  eighteen  hundred  and 
seventy-five,  or  holding  a  college  graduate's  certificate  issued 
by  the  same  authority,  or  persons  who  on  the  first  Monday 
of  February,  nineteen  hundred  and  two,  shall  be  associate  bor- 
ough superintendents  of  schools  in  any  borough  of  The  City 
of  New  York,  may  be  exempted,  in  whole  or  in  part,  from 
such  examination  at  the  discretion  of  the  city  superintendent. 
All  pupils  who  entered  the  Normal  College  of  The  Cit>  of 
New  York  on  or  before  February  first,  eighteen  hundred  and 
ninety-eight,  shall  upon  graduation  therefrom  be  exempted 
from  further  examination  under  this  section,  and  shall  upon 
such  graduation  be  entitled  to  licenses  to  teach  as  regular 
teachers  in  The  City  of  New  York.  The  names  of  those  to 
whom  licenses  have  been  granted,  including  those  exempted 
from  examination  and  those  duly  licensed  in  the  several 
boroughs  prior  to  the  date  on  which  this  act  takes  effect,  shall 
be  entered  by  the  city  superintendent  upon  lists  to  be  filed  in 
his  office,  a  separate  list  being  made  for  each  grade  or  kind  of 
license  for  which  the  board  of  education  shall  by  its  by-laws 
make  provision;  and  such  lists  shall  always  be  open  to  the  in- 
spection of  the  members  of  the  board  of  education,  the  mem- 
l)ers  of  the  local  school  boards,  the  associate  city  superinten- 
dents, the  district  superintendents,  and  the  principals  of  schools. 
Except  as  city  superintendent  or  associate  city  superintendent 
or  district  superintendent,  as  director  of  a  special  branch, 
as  principal  of  or  teacher  in  a  training  school  or  as  principal 
of  a  high  school,  no  person  shall  be  appointed  to  any  educa- 
tional position  whose  name  does  not  appear  upon  the  proper 
eligible  list.  No  person  shall  teach  in  any  public  school  in  the 
city  who  has  not  such  license,  except  as  herein  otherwise  pro- 
vided, nor  shall  any  unlicensed  teacher  have  any  claim  for 
salary.  Licenses  to  teach  shall  be  issued  by  the  city  superin- 
tendent,of  schools  for  a  period  of  one  year,  which  may  be 


*  So  in  the  original. 


472 


LAWS  OF  NEW  YORK. 


renewed  without  examination  in  case  the  work  of  the  holder 
is  satisfactory  to  the  city  superintendent  for  two  suc- 
cessive years.  At  the  close  of  the  third  year  of  continuous, 
successful  service,  the  city  superintendent  may  make  the  license 
permanent.  Authority  to  revoke  any  permanent  license  for 
cause  shall  be  vested  in  the  state  superintendent  of  public 
instruction. 

Appointment  and  resignation  of  principals  and  teachers. 

§  1090.  Principals,  branch  principals,  heads  of  departments, 
teachers,  assistants  and  all  other  members  of  the  teach- 
ing staff,  shall  be  appointed  by  the  board  of  education 
on  the  nomination  of  the  board  of  superintendents. 
Such  nominations  and  appointments  shall  be  made 
except  in  the  case  of  high  schools  or  training  schools  for 
teachers,  for  the  several  local  school  board  districts  respect- 
ively, and  when  so  made  the  principals,  branch  principals, 
heads  of  departments,  teachers,  assistants  and  all  other  mem- 
bers of  the  teaching  staff  shall  be  assigned  to  duty  to  such 
schools,  and  to  such  positions  in  such  schools,  as  the  board 
of  superintendents  shall  determine.  Where  practicable, 
teachers  shall  be  appointed  for  districts  in  the  boroughs 
where  they  reside.  Teachers  and  principals  may  be 
promoted  or  transferred  from  one  school  to  any  other 
school  within  the  city  by  the  board  of  superintend- 
ents subject  to  the  approval  of  the  board  of  education;  pro- 
vided, however,  that  a  teacher  shall  not  be  transferred  from 
a  school  in  one  borough  to  a  school  in  another  borough  with- 
out his  or  her  consent.  For  all  purposes  affecting  the  ap- 
pointment, promotion  or  transfer  of  the  teachers  in  any 
school,  the  district  superintendent  assigned  to  the  district  in 
which  such  school  is  situated,  the  principal  of  such  school 
and,  in  the  case  of  transfer,  the  district  superintendent  and 
the  principal  of  the  school  to  which  it  is  proposed  to  transfer 
a  teacher,  shall  have  seats  in  the  board  of  superintendents, 
with  votes  on  such  propositions.  The  provisions  of  this  sec- 
tion shall  not  be  held  to  affect  or  impair  the  power  of  the 
several  local  school  boards  to  transfer  teachers  from  school  to 
school  within  their  respective  districts,  as  hereinbefore  pro- 
vided. The  nominations  provided  for  above  must  be  made 
from  the  list  of  properly  certificated  principals  and  teachers 
and  other  persons  eligible  for  service  in  the  positions 
to  be  filled,  in  the  regular  order  of  the  standing  of  the  candi- 
dates on  said  lists,  provided,  however,  that  the  board  of  su- 


CHARTER  OF  NEW  YORK  CITY. 


473 


perintendents  may  consider  for  each  appointment  the  three 
persons  whose  names  are  highest  on  the  appropriate  ehgible 
lists.  Existing  eHgible  Hsts  in  The  City  of  New  York  and 
the  relative  standing  of  persons  whose  names  are  on  said  lists 
shall  not  be  affected  by  the  passage  of  this  act.  The 
time  within  which  said  board  of  education  shall 
finally  act  upon  said  nominations,  either  by  appoint- 
ing such  principal  or  teacher  or  other  officer  or  by  re- 
jecting such  nominations,  is  hereby  fixed  at  forty  days  from 
the  filing  of  such  recommendation  in  the  office  of 
the  secretary  of  the  board.  The  failure  on  the  part 
of  the  board  of  education  to  confirm  or  to  reject 
a  nomination  within  the  time  prescribed  herein  shall 
be  held  as  equivalent  to  the  appointment  of  the  principal 
or  teacher  nominated.  In  case  of  a  failure  or  of 
repeated,  failures  to  appoint,  other  names  shall  be  submitted 
to  the  board  of  education  for  its  consideration  within  two 
weeks  after  each  failure,  until  an  appointment  is  made.  In 
case  of  the  consolidation  of  schools  or  of  the  discontinuance 
of  any  school,  principals  and  teachers  of  good  standing,  who 
thereby  may  be  deprived  of  employment,  shall  be  preferred 
in  appointments  to  be  made  in  any  of  the  schools  of  the  city. 
Resignations  of  principals  and  teachers,  and  of  all  other  mem- 
bers of  the  teaching  staff,  shall  be  made  to  the  city  superin- 
tendent. 

Board  of  education;  power  to  fix  salaries;  method,  regulating. 

§  1091.  The  board  of  education  shall  have  power  to  adopt 
by-laws  fixing  the  salaries  of  all  members  of  the  supervising 
and  the  teaching  staff;  and  the  salaries  of  all  principals  and 
teachers  shall  be  regulated  by  merit,  grade  of  class  taught, 
length  of  service,  experience  in  teaching,  or  by  a  combination 
of  these  considerations.  Such  by-laws  shall  estabHsh  a  uni- 
form schedule  of  salaries  for  the  supervising  and  the  teaching 
staff  throughout  all  boroughs  which  schedule  shall  provide  for 
an  equal  annual  increment  of  salary  of  such  an  amount,  that  no 
kindergartner,  or  female  teacher  of  girls'  class  other  than  those 
teaching  grades  of  the  last  two  years  in  the  elementary  schools 
shall,  after  sixteen  years  of  service  in  said  schools,  receive  less 
than  twelve  hundred  and  forty  dollars  per  annum;  and  no 
female  teacher  of  a  girls'  class  of  the  grades  of  the  last  two 
years  in  said  schools  shall,  after  fifteen  years  of  service  in  said 
schools,  receive  less  than  thirteen  hundred  and  twenty  dollars 
per  annum ;  and  no  female  teacher  of  a  girls'  graduating  class, 


474 


LAWS  OF  NEW  YOEK. 


female  first  assistant,  or  female  vice-principal,  shall  after  ten 
years  of  service  in  said  schools,  receive  less  than  fourteen  hun- 
dred and  forty  dollars  per  annum;  and  no  female  teacher  of 
a  boys'  or  a  mixed  class  shall  receive  less  than  sixty  dollars 
per  annum  more  than  a  female  teacher  of  a  girls'  class  of  a 
corresponding  grade  and  of  years  of  service;  and  no  female 
teacher  in  said  elementary  schools  shall  receive  less  than  six 
hundred  dollars  per  annum,  nor  shall  the  annual  increment  for 
any  female  teacher  therein  be  less  than  forty  dollars;  and  no 
male  teacher  of  a  class  of  the  grades  of  the  last  two  years  in 
said  schools,  shall,  after  twelve  years  of  service  in  said  schools, 
receive  less  than  twenty-one  hundred  and  sixty  dollars  per 
annum;  and  no  male  teacher  of  a  graduating  class,  male  first 
assistant,  or  male  vice-principal  shall,  after  ten  years  of  service 
in  said  schools  receive  less  than  twenty-four  hundred  dollars 
per  annum;  and  no  male  teacher  in  said  elementary  schools 
shall  receive  less  than  nine  hundred  dollars  per  annum,  nor 
shall  the  annual  increment  for  any  male  teacher  therein  be  less 
than  one  hundred  and  five  dollars;  that  no  female  head  of 
department,  or  female  assistant  to  the  principal  in  said  schools 
shall  receive  less  than  sixteen  hundred  dollars  per  annum  after 
ten  years  of  service ;  and  no  male  head  of  department  or  male 
assistant  to  the  principal  in  said  schools  shall  receive  less  than 
twenty-four  hundred  dollars  per  annum  after  ten  years  of 
service ;  that  in  high  schools  and  training  schools  for  teachers, 
no  female  junior  or  substitute  teacher,  female  laboratory  or 
library  assistant,  or  female  clerk,  shall  receive  less  than  seven 
hundred  dollars  per  annum,  nor  after  six  years  of  service  as 
such,  less  than  one  thousand  dollars  per  annum;  no  female 
model  teacher  shall  receive  less  than  one  thousand  dollars  per 
annum,  nor  after  five  years  of  service  as  such,  less  than  fifteen 
hundred  dollars  per  annum;  no  female  regular  teacher  in  said 
schools  shall  receive  less  than  eleven  hundred  dollars  per 
annum,  nor  after  ten  years  of  service  as  such,  less  than  nine- 
teen hundred  dollars  per  annum;  no  female  head  teacher, 
female  assistant  to  the  principal,  female  first  assistant,  or 
female  vice-principal  in  said  schools  shall  receive  less  than 
two  thousand  dollars  per  annum,  nor  after  five  years  of  service 
as  such,  less  than  twenty-five  hundred  dollars  per  annum;  no 
male  junior  or  substitute  teacher,  male  laboratory  or  library 
assistant,  or  male  clerk,  shall  receive  less  than  nine  hundred 
dollars  per  annum,  nor  after  six  years  of  service  as  such,  less 
than  twelve  hundred  dollars  per  annum;  no  male  regular 
teacher  in  said  schools  shall  receive  less  than  thirteen  hundred 


CHARTER  OF  NEW  YORK  CITY.  475 


dollars  per  annum,  nor  after  ten  years  of  service  as  such,  less 
than  twenty- four  hundred  dollars  per  annum;  no  male  head 
teacher,  male  assistant  to  the  principal,  male  first  assistant,  or 
male  vice-principal  in  said  schools,  shall  receive  less  than 
twenty-five  hundred  dollars  per  annum,  nor  after  five  years  of 
service  as  such,  less  than  three  thousand  dollars  per  annum; 
nor  shall  any  of  said  persons  therein  receive  a  salary  less  than 
that  to  which  by  reason  of  experience  such  person  would  be 
entitled  as  a  teacher  of  the  aforesaid  elementary  schools;  pro- 
vided, however,  that  none  of  the  aforesaid  members  of  the 
supervising  and  the  teaching  staff  of  any  of  the  elementary 
schools  shall  receive  a  salary  greater  than  that  fixed  for  the 
seventh  year  of  service  unless  and  until  the  service  of  any  such 
member  shall  have  been  approved  after  inspection  and 
investigation  as  fit  and  meritorious  by  a  majority  of 
the  board  of  superinten(ifents;  that  none  of  the  afore- 
said members  of  the  supervising  and  the  teaching 
staff  of  any  of  the  elementary  schools  shall  re- 
ceive a  salary  greater  than  that  fixed  for  the  twelfth 
year  of  service,  unless  and  until  the  service  of  any  such  mem- 
ber shall  have  been  approved  after  inspection  and  investiga- 
tion as  fit  and  meritorious  by  a  majority  of  the  board  of  super- 
intendents; that  none  of  the  aforesaid  members  of  the 
supervising  and  the  teaching  staff*  of  any  of  the  high 
or  training  schools  shall  receive  a  salary  greater  than 
that  fixed  for  the  fourth  year  of  service  unless  and  until 
the  service  of  any  such  member  shall  have  been  approved 
after  inspection  and  investigation  as  fit  and  meritorious 
by  a  majority  of  the  board  of  superintendents  and  that 
none  of  the  aforesaid  members  of  the  supervising  and  the 
teaching  staff  of  any  of  the  high  or  training  schools  shall  re- 
ceive a  salary  greater  than  that  fixed  for  the  ninth  year  of 
service  unless  and  until  the  service  of  any  such  member  shall 
have  been  approved  after  inspection  and  investigation  as  fit 
and  meritorious  by  a  majority  of  the  board  of  superintend- 
ents; and  the  board  of  superintendents  shall  approve  or  dis- 
approve the  service  of  the  aforesaid  members  of  the  supervis- 
ing and  the  teaching  staff  within  forty  days  before  the  date 
on  which  said  members  shall,  respectively,  become  eligible 
to  the  increase  of  salaries  conditioned  upon  the  approval 
of  said  service.  For  the  purposes  affecting  such  increases 
of  salaries  of  said  persons  in  any  schools,  the  district  super- 
intendent assigned  to  the  district  in  which  such  school 
is  situated  shall  have  a  seat  in  the  board    of  super- 


476 


LAWS  OF  NEW  YORK. 


intendents,  with  a  vote  on  such  fitness  and  merit;  that 
no  female  branch  principal  or  female  principal  of  an  element- 
ary school  having  not  less  than  twelve  classes  shall  receive  less 
than  twenty-five  hundred  dollars  per  annum  after  ten  years 
of  service  as  such  in  said  schools;  and  no  male  branch  principal 
or  male  principal  of  an  elementary  or  a  high  school  having 
not  less  than  twelve  classes  shall  receive  less  than  thirty-five 
hundred  dollars  per  annum  after  ten  years  of  service  as  such 
in  said  schools;  and  a  principal  of  said  schools  shall  receive 
an  equal  annual  increment  of  two  hundred  and  fifty  dollars; 
provided,  however,  that  the  service  of  such  principal  or  branch 
principal  shall  have  been  approved  after  inspection  and  inves- 
tigation as  fit  and  meritorious  by  a  majority  of  the  board  of 
superintendents;  and  no  principal  of  a  high  school  or  train- 
ing school  for  teachers  having  supervision  of  not  less  than 
twenty-five  teachers  therein  shall  receive  less  than  five  thou- 
sand dollars  per  annum.  The  board  of  examiners  chall  issue 
to  a  principal  or  a  teacher  who  has  had  experience  in  schools 
other  than  the  schools  of  The  City  of  New  York, 
a  certificate  stating  that  the  experience  of  such  teacher  is  equiv- 
alent to  a  certain  number  of  years  of  experience  in  the  schools 
of  the  said  city.  The  board  of  examiners  shall  issue  to  a 
principal  or  teacher  who  has  had  experience  in  schools  other 
than  the  high  and  training  schools  of  The  City  of  New  York, 
a  certificate  stating  that  the  experience  of  such  teacher 
is  equivalent  to  a  certain  number  of  years  of  experi- 
ence in  the  high  and  training  schools  of  the  said  city. 
Such  certificates  made  by  the  board  of  examiners  shall  be  final 
and  conclusive  on  all  matters  pertaining  to  experience  therein 
stated,  and  shall  entitle  their  holders  to  salaries  in  accordance 
with  the  schedules  of  salaries  established  in  conformity  with 
this  section,  in  like  manner  as  though  the  years  mentioned  in 
such  certificates  had  been  served  in  those  schools  of  The  City 
of  New  York  that  are  respectively  mentioned  in  such  certifi- 
cates. No  salary  now  paid  to  any  member  of  the  supervising 
and  the  teaching  staff  of  any  of  the  public  schools  in  The  City 
of  New  York  shall  be  reduced  by  the  operation  of  this  section, 
and  the  aforesaid  equal  annual  increment  for  each  class  or 
grade  of  the  supervising  and  the  teaching  staff  of  said  public 
schools  shall  be  uniform  throughout  each  class  or  grade,  and 
each  of  said  persons  shall  at  once  receive  all  the  emolument 
in  accordance  with  the  above  schedule  of  minimum  salaries 
to  which  said  person  is  entitled  by  reason  of  merit,  of  experi- 
ence and  of  grade  of  class  taught. 


CHARTER  OF  NEW  YORK  CITY. 


477 


Public  school  teachers'  retirement  fund, 

§  1092.  The  board  of  education  is  hereby  given  the 
general  care  and  management  of  the  public  school 
teachers''  retirement  fund  created  for  the  former  city  of 
New  York  by  chapter  two  hundred  and  ninety-six  of  the  laws 
of  eighteen  hundred  and  ninety-four,  and  of  the  public  school 
teachers'  retirement  fund  created  for  the  former  city  of  Brook- 
lyn by  chapter  six  hundred  and  fifty-six  of  the  laws  of  eighteen 
hundred  and  ninety-five,  and  said  funds  are  hereby  made  parts 
of  the  retirement  fund  of  the  board  of  education  of  The  City 
of  New  York,  created  by  this  act.  The  comptroller  of  The 
City  of  New  York  shall  hold  and  invest  all  money  be- 
longing to  said  fund,  and  by  the  direction  of  said 
board  of  education  shall  pay  out  the  same.  The  board 
of  education  shall  have  charge  of  and  administer  said 
retirement  fund  as  it  shall  deem  most  beneficial  to 
said  fund  and  shall  make  payments  from  said  fund 
of  annuities  granted  in  pursuance  of  this  act.  Said  board 
shall,  from  time  to  time,  establish  such  rules  and  regula- 
tions for  the  administration  of  said  fund  as  it  may  deem 
best;  which  rules  and  regulations  shall  preserve  all  rights 
inhering  in  the  teachers  of  The  City  of  New  York  and  the  city 
of  Brooklyn  as  constituted  prior  to  the  passage  of  this  act. 
And  the  comptroller  of  The  City  of  New  York  shall  report 
in  detail  to  the  board  of  education  of  The  City  of  New  York, 
annually,  in  the  month  of  January,  the  condition  of  said  fund, 
and  the  items  of  the  receipts  and  disbursements  on  account 
of  the  same.  The  said  retirement  fund  shall  consist 'of  the 
following,  with  the  interest  and  income  thereof:  (i)  All 
money,  pay,  compensation  or  salary,  or  any  part  thereof,  for- 
feited, deducted,  reserved  or  withheld  from  any  teacher  or 
teachers  in  the  public  schools  of  The  City  of  New  York 
for  any  cause  in  pursuance  of  rules  established  or  to 
be  established  by  the  board  of  education.  The  secretary 
of  the  board  of  education  shall  certify  monthly  to  the 
comptroller  the  amounts  so  forfeited,  deducted,  reserved 
or  withheld,  from  the  salaries  of  teachers  during  the  preceding 
month.  (2)  All  moneys  received  from  donations,  legacies, 
gifts,  bequests  or  otherwise,  for  and  on  account  of  said  fund. 
(3)  Five  per  centum  annually  of  all  excise  moneys  or  license 
fees  belonging  to  The  City  of  New  York  and  derived 
or  received  by  any  commissioner  of  excise  or  public  offi- 
cer, from  the  granting  of  licenses  or  permission  to  sell 
strong  or  spirituous  liquors,  ale,  wine  or  beer  in  The 


LAWS  OF  NEW  YORK. 


City  of  New  York,  under  the  provisions  of  any  law  of  this 
state  authorizing  the  granting  of  any  such  licenses  or  permis- 
sion. The  comptroller  of  The  City  of  New  York  shall  hold 
such  moneys,  together  with  any  other  moneys  belonging  to 
said  fund,  and  by  direction  of  the  said  board  of  education 
shall  have  charge  of  and  administer  the  same  as  hereinbefore 
in  this  section  provided.  (4)  All  such  other  methods  of  in- 
crement as  may  be  duly  and  legally  devised  for  the  increase 
of  said  fund.  On  and  after  the  passage  of  this  act  the 
board  of  education  shall,  by  amending  its  by-laws  relat- 
ing to  the  excuse  of  absence  of  teachers  with  pay,  so  provide 
that  the  aggregate  of  the  several  sums  deducted  or  forfeited 
on  account  of  absence  from  duty  shall  be  fully  adequate  to 
meet  the  demands  made  upon  the  public  school  teachers'  re- 
tirement fund  for  the  payment  of  annuities  as  herein  pro- 
vided. On  the  recommendation  of  the  city  superintend- 
ent, said  board  of  education  shall  have  power,  by  a  two- 
thirds  vote  of  all  its  members  to  retire  any  member  of 
the  teaching  or  supervising  staff,  including  the  members 
of  the  board  of  examiners,  who  is  mentally  or  physically 
incapacitated  for  the  performance  of  duty,  and  has  been 
engaged  in  the  work  of  teaching  or  school  supervision  for 
a  period  aggregating  thirty  years,  twenty  of  which  have  been 
in  the  public  schools  of  The  City  of  New  York.  And  the 
board  of  education  may  retire  from  active  service  any 
member  of  the  said  teaching  or  supervising  staff  who 
shall  have  attained  the  age  of  sixty-five  years  and  shall 
have  been  engaged  in  the  work  of  teaching  or  school  super- 
vision for  a  period  aggregating  thirty  years,  twenty  of  which 
shall  have  been  in  the  public  schools  of  The  City  of  New 
York.  The  said  board  of  education  shall  also  have  power 
by  a  two-thirds  vote  of  all  its  members,  and  after  a  recom- 
mendation to  that  effect  shall  have  been  made  by  the  board 
of  trustees  of  the  Normal  college  stating  that  the  teacher  is 
mentally  or  physically  incapacitated  for  the  performance  of 
duty,  to  retire  the  female  superintendent  and  any  female 
tutors  of  the  Normal  college  and  the  female  superintendent 
and  any  female  critic  teacher  of  the  training  department  of 
the  Normal  college  who  shall  have  taught  in  said  Normal  col- 
lege or  training  department  or  in  the  pubHc  schools  during 
a  period  aggregating  thirty  years.  The  said  board  of  educa- 
tion upon  the  recommendation  of  the  trustees  of  the  Normal 
college  may  also,  in  its  discretion,  retire  any  such  teacher  or 
teachers  upon  her  or  their  own  application  after  the  like 


CHARTER  OF  NEW  YORK  CITY. 


479 


period  of  service.  All  money,  pay,  compensation  or  salary 
or  any  part  thereof  forfeited,  deducted  or  withheld  from  any 
female  superintendent  or  superintendents  or  any  female 
teacher  or  teachers  of  the  Normal  college  and  training  de- 
partment for  and  on  account  of  absence  from  duty  for  any 
cause  shall  be  turned  into  the  teachers'  retirement  fund  by 
the  board  of  trustees  of  said  college.  Any  teacher,  princi- 
pal or  supervising  official,  including  members  of  the  board  of 
examiners,  so  retired  shall  thereafter  be  entitled  to  receive  as 
an  annuity  one-half  the  annual  salary  paid  to  said  teacher, 
principal  or  supervising  official  at  the  date  of  said  retirement, 
not  to  exceed,  however,  in  the  case  of  a  teacher^  the 
sum  of  one  thousand  dollars  per  annum,  in  the  case  of 
a  principal  fifteen  hundred  dollars  per  annum,  and  in  the  case 
of  a  supervising  official,  two  thousand  dollars  per  annum. 
And  in  no  case  shall  such  annuity  for  any  teacher,  already 
retired  or  hereafter  to  be  retired,  be  less  than  six  hundred 
dollars.  The  said  board  is  hereby  given  the  power  to  use 
both  the  principal  and  the  income  of  said  fund. 

Charges  against   principal  and   teachers  and    others;  proceedings 
thereon. 

§  1093.  A  local  school  board  or  any  member  thereof,  the 
city  superintendent,  an  associate  city  superintendent  or  a  dis- 
trict superintendent,  may  prefer  charges  to  the  board  of  edu- 
cation against  a  principal,  a  branch  principal,  a  director,  a 
head  of  department,  or  any  other  officer  exercising  supervis- 
ing powers  in  the  schools  under  their  charge,  or  against  a 
teacher  in  any  of  the  schools  under  their  charge,  for  gross 
misconduct,  insubordination,  neglect  of  duty  or  general  in- 
efficiency. Pending  trial,  the  board  of  education  may  sus- 
pend said  principal  or  teacher  or  other  officer,  with  or  with- 
out pay,  and  appoint  a  substitute  in  his  place.  In  accordance 
with  by-laws  to  be  passed  by  the  board  of  education,  a  dis- 
trict superintendent  shall  have  the  Hke  power  to  suspend  a 
teacher  in  a  school  within  his  district,  and  shall  forthwith  re- 
port such  suspension  to  the  city  superintendent,  who  shall 
immediately  report  it  to  the  board  of  education.  Pending 
action  by  the  board  of  education,  the  city  superintendent 
may  appoint  a  substitute  in  the  place  of  any  teacher  so  sus- 
pended. The  board  of  education,  on  receiving  notice  of  such 
charges,  shall  immediately  proceed  to  try  and  determine  the 
case,  either  in  the  board  or  by  a  committee  of  its  body,  and 
shall  fix  the  penalty  or  punishment,  if  any,  to  be  imposed  for 


480 


LAWS  OF  NEW  YORK. 


the  offense,  and  such  penalty  or  punishment  shall  consist  of 
a  fine,  suspension  for  a  fixed  time  without  pay,  or  dismissal; 
provided,  however,  that  a  vote  of  a  majority  of  all  the 
members  of  the  board  of  education  shall  be  neces- 
sary to  impose  the  penalty  of  dismissal.  The  report  of 
any  committee  holding  such  trial  shall  be  subject  to  final  ac- 
tion by  the  board,  which  may  reject,  confirm  or  modify  the 
conclusions  of  the  committee,  and  the  decision  of  the  board 
shall  be  final,  except  as  to  matters  in  relation  to  which,  under 
the  general  school  laws  of  the  state,  an  appeal  may  be  taken  to 
the  state  superintendent  of  public  instruction.  In  case  the 
principal  or  other  officer  or  teacher  is  acquitted,  he  shall  be  re- 
stored to  his  position  with  full  pay  for  the  period  of  suspen- 
sion. In  all  tiials  authorized  by  this  chapter  all  testimony 
taken  shall  be  under  oath,  which  the  president  of  the  board  of 
education,  chairman  of  a  local  school  board  or  chairman  of  the 
committee  conducting  the  trial  is  hereby  authorized  to  admin- 
ister, and  the  supreme  court  shall  have  power,  upon  the  appli- 
cation of  such  president  or  chairman,  to  compel  any  witness 
who  may  be  summoned,  to  appear  and  testify  before  said 
board  of  education,  local  school  board  or  committee. 

Annual  report  to  state  superintendent  of  public  instruction. 

§  1094.  The  board  of  education  shall,  between  the  first 
day  of  August  and  the  thirtieth  day  of  September  in 
each  year,  make  and  transmit  to  the  state  supermtendent  of 
pubHc  instruction  a  report  in  writing  for  the  state  school  year 
ending  on  the  next  preceding  thirty-first  day  of  July,  which 
report  shall  be  in  such  form  and  shall  state  such  facts  as  the 
state  superintendent  and  the  school  laws  of  the  state  shall 
require. 

Annual  report  to  mayor;  other  reports  to  mayor. 

§  1095.  The  board  of  education  shall,  between  the  first 
day  of  August  and  the  thirtieth  day  of  November  in  each 
year,  make  and  transmit  to  the  mayor  of  The  City  of 
New  York  a  report  in  writing,  for  the  year  ending  on 
the  thirty-first  day  of  July  next  preceding,  stating  the 
whole  number  of  schools  under  its  jurisdiction  during  the 
said  year,  ending  on  the  thirty-first  of  July;  the  number  of 
teachers;  the  total  number  of  pupils  on  register,  and  the  aver- 
age attendance  at  each  school ;  the  number  of  high  schools 
and  training  schools  for  teachers,  with  the  number  of 
teachers  and  the  attendance  of  pupils  at  each ;  the  corporate 


CHARTER  OF  NEW  YORK  CITY. 


481 


schools  or  societies  from  which  reports  have  been  made,  as 
elsewhere  prescribed  in  this  act,  the  length  of  time  such 
schools  have  been  kept  open,  and  the  number  of  teachers 
and  of  pupils  taught  in  each  such  school.  The  board  of  edu- 
cation shall  also  between  the  first  day  of  January  and  the  fif- 
teenth day  of  February  in  each  year  make  and  transmit  to  the 
mayor  of  The  City  of  New  York  another  report  bearing  date 
the  thirty-first  day  of  December  next  preceding,  stating  the 
total  amount  of  money  expended  for  the  purposes  of  public 
education  in  said  city  during  the  year  ending  on  said  thirty- 
first  day  of  December.  The  board  of  education  shall  also 
make  in  said  reports  such  suggestions  and  recommendations 
relative  to  the  public  schools  of  The  City  of  New  York  as 
it  may  deem  proper. 

Removals  by  mayor  after  hearing  for  neglect  or  misconduct. 

§  1096.  Any  member  of  the  board  of  education,  or  of  a 
local  school  board,  may  be  removed  by  the  mayor  of  said 
city,  upon  proof  either  of  official  misconduct  in  office,  or 
negligence  of  official  duties,  or  of  conduct  in  any  manner  con- 
nected with  his  official  duties,  or  otherwise,  which  tends  to 
discredit  his  office,  or  the  school  system,  or  for  mental  or 
physical  inability  to  perform  his  duties,  but  before  such  re- 
moval of  said  member  he  shall  receive  due  and  timely  notice 
in  writing  of  the  charges  and  a  copy  thereof,  and  shall  be  en- 
titled to  a  hearing  on  like  notice  before  the  mayor,  and  to 
the  assistance  of  counsel  on  said  hearing. 

The  board  of  education  to  cause  accounts  and  records  to  be  made 
and  kept. 

§  1097.  The  board  of  education  shall  provide  the  proper 
book  or  books,  in  form  as  required  by  its  by-laws,  and  shall 
cause  the  class  teachers  under  the  direction  and  supervision 
of  the  principal  to  enter  the  names,  ages  and  residences 
of  the  scholars  attending  the  school,  the  name  of  the 
parent  or  guardian  of  each  pupil  and  the  days  on  which 
the  scholars  shall  have  attended  respectively,  and  the 
aggregate  attendance  of  each  scholar  during  the  year,  and  also 
the  day  upon  which  the  school  shall  have  been  visited  by  the 
city  superintendent  or  by  an  associate  city  superintendent  or 
by  the  district  superintendent,  or  by  members  of  the  board 
of  education,  or  by  members  of  the  local  school  board,  or  by 
any  of  them,  which  entry  shall  be  verified  by  such  oath  or 
affirmation  of  the  principal  as  may  be  prescribed  by  the  board 


482 


LAWS  OF  NEW  YORK. 


of  education.  These  books  shall  be  preserved  as  the  prop- 
erty of  the  board  of  education  and,  shall  at  all  times  be  open 
to  inspection  by  members  of  the  board  of  education,  by  mem- 
bers of  the  local  school  boards  and  by  the  city  superintend- 
ent, or  by  any  associate  city  superintendent^  or  by  the  .  dis- 
trict superintendents. 

School  officers  not  to  be  interested  in  contracts;  removal  of. 

§  1098.  The  board  of  education  shall  have  power  to 
remove  from  office  any  school  officer  who  shall  have  been 
directly  or  indirectly  interested  in  the  furnishing  of  any  sup- 
plies or  materials,  or  in  the  doing  of  any  work  or  labor,  or  in 
the  sale  or  leasing  of  any  real  estate,  or  in  any  proposal,  agree- 
ment or  contract  for  any  of  these  purposes,  in  any  case  in 
which  the  price  or  consideration  is  to  be  paid,  in  whole  or  in 
part,  directly  or  indirectly,  out  of  any  school  moneys,  or  who 
shall  have  received,  from  any  source  whatever,  any  commis- 
sion or  compensation  in  connection  with  any  of  the  matters 
aforesaid;  and  any  school  officer  who  shall  violate  the  preced- 
ing provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  not  exceeding  one  thousand  dollars  or  imprisonment 
in  the  city  prison  not  exceeding  one  year,  or  both,  and  shall 
also  be  ineligible  to  any  school  office.  The  provisions  of  this 
section  shall  not  apply  to  authors  of  school  books  used  in  any 
of  the  public  schools  because  of  any  interest  they  may  have  as 
authors  in  such  books. 

Contributions  to  political  funds,  etc.,  prohibited. 

§  1099.  Neither  the  city  superintendent  of  schools,  nor  any 
associate  or  district  superintendent  of  schools,  nor  any  member 
of  the  board  of  examiners,  nor  any  member  of  the  supervising 
or  teaching  stafif  of  the  department  of  education  of  The  City 
of  New  York,  shall  be  permitted  to  contribute  any  moneys, 
directly  or  indirectly,  to  any  fund  intended  to  affect  legisla- 
tion increasing  their  emoluments. 

Powers  of  investigation. 

§1100.  The  board  of  education  may  investigate,  of 
its  own  motion  or  otherwise,  either  in  the  board  or 
by  a  committee  of  its  own  body,  any  subject  of 
which  it  has  cognizance  or  over  which  it  has  legal  control, 
including  the  conduct  of  any  of  its  members  or  employes  or 
those  of  any  local  school  board ;  and  for  the  purpose  of  such 


CHARTER  OF  NEW  YORK  CITY. 


4S3 


investigation,  such  board  or  its  president,  or  committee  and 
its  chairman,  shall  have  and  may  exercise  all  the  powers  which 
the  board  of  education  has  or  may  exercise  in  the  case  of 
a  trial  under  section  one  thousand  and  ninety-three  of  this 
act.  Any  action  or  determination  of  a  com.mittee  appointed 
.uider  the  provisions  of  this  section  shall  be  subject  to  approval 
or  reversal  by  the  board  which  may  also  modify  the  deter- 
mination of  the  committee  in  such  way  as  the  board  shall  deem 
proper  and  just,  and  the  judgment  of  the  board  thereon  shall 
be  final. 

Continuation  in  office  of  all  employes  under  the  public  school  system. 

§  iioi.  Except  as  herein  otherwise  provided,  the  city 
superintendent,  the  members  of  the  board  of  examiners, 
the  supervisors^  the  directors,  and  all  principals,  teach- 
ers and  other  members  of  the  educational  staff  in  the  public 
school  system  of  any  part  of  The  City  of  New  York,  and  all 
school  ofificers  or  other  employes  appointed  by  the  board  of 
education  before  this  act  takes  effect,  including  the  secretary 
of  the  board,  the  city  superintendent  of  schools,  the  superin- 
tendent of  school  buildings,  the  superintendent  of  school  sup- 
plies, the  auditors,  and  all  deputies,  clerks  and  other  em- 
ployes in  their  respective  offices,  shall  continue  to  hold  their 
respective  positions  and  to  be  entitled  to  such  compensation 
as  is  now  provided  or  may  hereafter  be  provided  by  the  law- 
ful authority  subject  to  change  of  title,  to  reassign- 
ment or  to  removal  for  cause,  as  may  be  provided 
by  law,  and  subject  to  the  right  of  the  said  board  to 
abolish  unnecessary  positions.  The  secretaries,  clerical  force 
and  employes  of  the  several  borough  school  boards  abolished 
by  this  act,  including  the  supervisor  of  lectures  for  the  bor- 
oughs of  Manhattan  and  the  Bronx,  shall  be  assigned  by  the 
board  of  education,  and  the  clerical  force  and  the  employes 
of  the  several  borough  superintendents  and  boards  of  bor- 
ough superintendents  also  abolished  by  this  act  shall  be  as- 
signed by  the  board  of  superintendents,  to  positions  and  duties 
corresponding  as  nearly  as  may  be  to  their  respective  posi- 
tions and  duties  before  this  act  takes  effect  without  preju- 
dice or  advantage,  provided,  hov/ever,  that  nothing  herein 
contained  shall  be  construed  to  repeal,  limit,  modify  or  abridge 
any  provisions  of  law  or  civil  service  regulations  relative  to 
the  removal  of  subordinates  by  public  officers  or  heads  of 
departments,  or  to  affect  the  right  of  adding  to  the  duties  or 
reducing  the  salary  of  any  secretary,  clerk  or  employe  and 


484 


LAWS  OF  ^^EW  YORK. 


abolishing  unnecessary  positions.  All  licenses  to  teach  or 
certificates  of  qualifications  for  teaching  granted  by  the  su- 
perintendent of  public  instruction  of  the  city  of  Brooklyn, 
or  by  authority  of  the  board  of  education  of  the  said  city  of 
Brooklyn,  prior  to  February  first,  eighteen  hundred  and  ninety- 
eight,  or  recognized  by  the  board  of  education  of  the  said  city 
of  Brooklyn  or  the  state  superintendent  of  public  instruction 
as  in  force  at  that  date  in  said  city,  shall  unless  revoked  for 
cause  by  the  state  superintendent  of  public  instruction,  be 
recognized  by  the  city  superintendent  of  schools  and  the  board 
of  examiners  of  The  City  of  New  York,  as  in  full  force,  and 
shall  entitle  the  holders  to  appointment  or  promotion  to  any 
position  to  which  they  were  respectively  eligible  by  the  pos- 
session of  such  licenses  or  certificates.  All  persons  heretofore 
transferred  under  the  provisions  of  this  chapter  as  originally 
enacted  to  the  service  of  the  consolidated  city  who  hold  of- 
fices for  definite  terms,  shall  be  deemed  to  have  been  trans- 
ferred for  the  remainder  of  their  respective  terms  only. 

School  money  appropriation  by  the  state  to  the  public  schools  of  the 
city. 

§  II02.  Whenever  the  city  clerk  shall  receive  notice 
from  the  state  superintendent  of  public  instruction  of 
the  amount  of  moneys  apportioned  to  The  City  of  New  York 
for  the  support  and  encouragement  of  common  schools  therein, 
he  shall  immediately  lay  the  same  before  the  board  of  alder- 
men of  said  city;  and  the  chamberlain  of  the  said  city  shall 
apply  for  and  receive  the  school  moneys  apportioned  to  the 
said  city  as  soon  as  the  same  become  payable,  and  place  the 
same  in  the  city  treasury,  to  the  credit  of  the  general  fund 
for  the  reduction  of  taxation. 

TITLE  2. 

The  College  of  The  City  of  New  York, 
To  continue  as  a  separate  corporation. 

§  1 127.  The  College  of  The  City  of  New  York  shall  con- 
tinue to  be  a  separate  and  distinct  organization  and  body 
corporate,  and  as  such  shall  have  the  powers  and  privileges 
of  a  college,  pursuant  to  the  revised  statutes  of  this  state,  and 
be  subject  to  the  provisions  of  the  said  statute  relative  to 
colleges,  and  to  the  visitation  of  regents  of  the  university,  in 
like  manner  with  the  other  colleges  of  the  state. 


CHARTER  OF  NEW  YORK  CITY. 


485 


Trustees  of  college  of  city  of  New  York;  number,  appointment. 

§  1 1 28.  The  board  of  trustees  of  said  college  on  and  after 
the  first  day  of  July,  nineteen  hundred,  shall  consist  of  nine 
residents  of  the  city  to  be  appointed  as  hereinafter  provided, 
of  the  president  of  the  board  of  education  of  the  city  ex 
officio  and  of  the  president  of  said  college  ex  officio.  Pro- 
vided, however,  that  after  the  president  of  said  college  now 
in  office  vacates  the  same,  his  successor  shall  not  be  a  mem- 
ber of  said  board  of  trustees.  Except  as  herein  otherwise 
provided,  the  said  board  shall  have  and  possess  the  powers 
conferred  upon  and  be  subject  to  the  duties  required  of  the 
trustees  of  colleges  by  the  university  law.  The  mayor  of 
The  City  of  New  York  shall  appoint  before  the  first  day  of 
June,  nineteen  hundred,  nine  persons  to  serve  as  such  trus- 
tees, to  hold  office  respectively  as  shall  be  designated  by  the 
mayor,  for  one,  two,  three,  four,  five,  six,  seven,  eight  and 
nine  years  from  the  first  day  of  July,  nineteen  hundred.  On 
or  before  the  first  day  of  June  prior  to  the  expiration  of  the 
term  of  office  of  any  trustee  the  mayor  shall  appoint  his  suc- 
cessor for  a  full  term  of  nine  years  from  the  first  day  of  July 
follow^ing.  The  mayor  shall  fill  any  vacancy  existing  in  the 
office  of  trustee — other  than  the  president  of  the  board  of 
education — by  the  appointment  of  a  trustee  to  hold  office  for 
the  unexpired  term.  Each  trustee  so  appointed  shall  take 
the  oath  of  office  required  by  the  constitution  of  the  state. 
Any  resignation  from  the  office  of  trustee  shall  be  made  to 
the  mayor.  No  trustee  shall  be  subject  to  removal  under 
the  provisions  of  section  ninety-five  of  this  act,  but  any  trus- 
tee may  be  removed  by  the  mayor  upon  proof  either  of  offi- 
cial misconduct  or  negligence  of  official  duties,  or  of  conduct 
in  any  manner  connected  with  his  official  duties  or  otherwise 
which  tends  to  discredit  his  office,  or  the  school  system,  or 
for  mental  or  physical  inabiHty  to  perform  his  duties,  but 
before  such  removal  he  shall  receive  due  and  timely  notice 
in  writing  of  the  charges  and  a  copy  thereof,  and  shall  be 
entitled  to  a  hearing  on  like  notice  before  the  mayor,  and  to 
the  assistance  of  counsel  on  said  hearing.  The  board  of 
trustees  shall  have  power- to  prescribe  by-laws  and  regula- 
tions for  the  board  and  for  the  government  of  the  college, 
its  faculty,  instructors  and  other  employes.  Such  by-laws 
shall  include  rules  governing  the  appointment  of  all  officers, 
members  of  the  faculty,  instructors  and  other  employes  of 
the  college.  A  majority  of  the  members  of  the  board  ap- 
pointed by  the  mayor  as  aforesaid  shall  constitute  a  quorum 


486 


LAWS  OF  NEW  YORK. 


for  the  transaction  of  business  and  no  resolution  or  act  of 
the  board  shall  be  invalid  by  reason  of  any  vacancy  existing 
in  the  board,  provided  that  such  act  or  resolution  shall  be 
adopted  by  a  vote  of  five  members  of  the  board. 

Laws  applicable. 

§  1 1 29.  All  acts  of  the  legislature  which  were  In  force  on 
March  thirtieth,  eighteen  hundred  and  sixty-six,  in  regard  to 
the  free  academy,  and  to  its  control,  management,  support 
and  affairs,  not  since  modified  or  repealed,  and  which  are  not 
inconsistent  with  the  provisions  of  this  act,  and  all  laws  in 
force  at  the  time  this  act  takes  effect  relative  to  the  College 
of  the  city  of  New  York  not  inconsistent  with  this  act  are 
hereby  declared  to  be  applicable  to  the  said  college. 

Participation  in  state  literature  and  other  funds. 

§  1 130.  The  College  of  The  City  of  New  York  shall  be  en- 
titled to  participate  in  the  distribution  of  the  income  of  the 
literature  and  other  funds  in  the  same  manner  and  upon  the 
same  conditions  as  the  other  colleges  of  the  state,  and  the 
regents  of  the  University  of  the  State  of  New  York  shall  pay 
annually  to  the  comptroller  of  The  City  of  New  York,  as 
trustee  for  said  college,  the  distributive  share  of  the  said 
funds  to  which  the  said  college  of  The  City  of  New  York 
shall,  by  law,  be  entitled,  and  which  shall  be  applied  and  ex- 
pended for  library  books  for  the  said  college. 

Duties  of  trustees  to  report. 

§  1 131.  It  shall  be  the  duty  of  the  trustees  of  said  college, 
annually  on  or  before  the  first  day  of  September,  to  report  to 
the  board  of  estimate  and  apportionment  such  sum,  not  ex- 
ceeding one  hundred  and  seventy-five  thousand  dollars  in 
any  one  year,  as  they  may  require  for  the  payment  of  the 
salaries  of  the  professors  and  officers  of  said  college,  for  ob- 
taining and  furnishing  scientific  apparatus,  books  for  the 
students  and  all  other  necessary  supplies  therefor;  for  repair- 
ing and  altering  the  college  buildings;  and  for  the  support, 
maintenance  and  general  expenses  of  said  college;  and  the 
said  board  of  estimate  and  apportionment  and  the 
board  of  aldermen  of  The  City  of  New  York  are 
hereby  authorized  and  directed  in  each  and  every  year  to 
raise  and  collect  by  tax  on  the  estate,  real  and  personal,  liable 
to  taxation  in  said  city,  such  sum  of  money,  not  exceeding 
the  amount  aforesaid,  as  may  be  reported  Xo  them  by  said 


CHARTER  OF  NEW  YORK  CITY. 


487 


trustees;  the  amount  so  to  be  raised  and  collected  to  be  in 
addition  to  the  sums  required  for  the  purposes  of  common 
schools  in  The  City  of  New  York  under  the  act  entitled 
"An  act  to  amend,  consolidate  and  reduce  to  one  act  the 
several  acts  of  the  state  of  New  York  relative  to  the  common 
schools  of  The  City  of  New  York,"  passed  July  third, 
eighteen  hundred  and  fifty-one,  and  the  several  acts  amenda- 
tory thereto.  Upon  the  recommendation  of  the  trustees,  the 
board  of  estimate  and  apportionment  and  the  board  of  alder- 
men may  increase,  from  time  to  time,  the  amount  annually  to 
be  raised  in  the  tax  levy  for  the  maintenance  of  the  College 
of  the  City  of  New  York. 

Instruction  to  be  furnished  gratuitously  by  College  of  the  City  of 
New  York;  degrees  and  diplomas. 

§  1 1 32.  The  trustees  of  said  college  shall  continue  to  fur- 
nish, through  the  College  of  the  City  of  New  York,  the  bene- 
fit of  education,  gratuitously,  to  boys  who  have  been  pupils 
in  the  common  schools  of  the  city,  and  to  all  other  male  stu- 
dents who  are  actual  residents  of  said  city,  and  who  are  quali- 
fied to  pass  the  required  examination  for  admission  to  said 
college.  And  the  trustees,  upon  the  recommendation  of  the 
faculty  of  the  said  college  may  grant  the  usual  degrees  and 
diplomas  in  the  arts  to  such  persons  as  shall  have  completed 
a  full  course  of  study  in  the  said  college. 

Reports  by  trustees  to  be  furnished. 

§  1 133.  The  trustees  of  the  College  of  the  City  of  New 
York  shall  make  and  transmit,  annually,  on  or  before  the 
first  day  of  February  in  each  year,  to  the  board 
of  aldermen  and  also  to  the  secretary  of  the  board 
of  regents  of  the  university  of  the  state  of  New  York 
a  report,  dated  on  the  thirty-first  day  of  December  next  pre- 
ceding, which  report  shall  state  the  names  and  ages  of  all  the 
pupils  instructed  in  such  college  during  the  preceding  year, 
and  the  time  that  each  was  so  instructed,  specifying  which 
of  them  have  completed  a  full  course  of  study  therein,  and 
which  have  received  degrees,  medals,  and  other  special  testi- 
monials, a  particular  statement  of  the  studies  pursued  by 
each  pupil  since  the  last  preceding  report,  together  with  the 
books  such  student  shall  have  studied,  in  whole  or  in  part, 
and  if  in  part,  what  portion ;  an  account  or  estimate  of  the 
library,  philosophical  and  chemical  apparatus,  and  mathe- 
matical or  other  scientific  instruments  belon^-ing-  to  such 


48S 


LAWS  OF  NEW  YORK. 


college ;  the  names  of  the  instructors  employed  in  said  col- 
lege, and  the  compensation  paid  to  each;  what  amount  of 
money  the  board  of  education  received  during  the  year  for 
the  purposes  of  such  college,  and  from  what  sources,  specify- 
ing how  much  from  each,  and  the  particular  manner,  and  the 
specific  purposes  for  which  such  moneys  have  been  ex- 
pended ;  and  such  other  information  in  relation  to  education 
in  the  said  college  and  the  measures  of  the  board  of  trustees 
in  the  management  thereof,  as  the  board  of  aldermen  or  the 
regents  of  the  university  of  the  state  of  New  York  may,  from 
time  to  time,  require, 

TITLE  3. 
The  Normal  College. 

The  Normal  College  of  the  City  of  New  York,  a  corporation  and 
college. 

§  1 139.  The  Normal  College  of  the  City  of  New  York  is 
hereby  declared  to  be  a  separate  and  distinct  organization  and 
body  corporate,  and  as  such  shall  have  the  power  and  privi- 
leges of  a  college  pursuant  to  the  revised  statutes  of  this  state, 
and  be  subject  to  the  provisions  of  the  said  statutes  relative  to 
colleges,  and  to  the  visitation  of  the  regents  of  the  university, 
in  like  manner  with  the  other  colleges  of  the  state. 

Trustees,  powers  and  duties  of  trustees. 

§  1 140.  The  members  of  the  board  of  education  of  The  City 
of  New  York,  together  with  the  president  of  the  normal  col- 
lege shall  be  ex  officio  the  trustees  of  said  college,  and  shall 
have  and  possess  the  powers  conferred  upon  and  be  subject  to 
the  duties  required  of  the  trustees  of  colleges  by  the  revised 
statutes.  The  president  of  the  college  shall  be  a  member  of 
the  executive  committee  of  the  said  trustees  for  its  care,  gov- 
ernment and  management. 

Laws  applicable  to;  participation  in  state  literature  and  other  funds. 

§  1 141.  All  acts  of  the  legislature  now  in  force  with  regard 
to  the  said  normal  college,  its  control,  management,  support 
and  affairs,  not  inconsistent  with  the  provisions  of  this  act, 
are  hereby  declared  to  be  applicable  to  said  college.  The  Nor- 
mal College  of  the  City  of  New  York  shall  be  entitled  to 
participate  in  the  distribution  of  the  income  of  the  literature, 
and  other  funds  of  the  state  in  the  same  manner,  and  upon 
the  same  conditions  as  the  other  colleges  of  the  state,  and  the 


CHARTER  OF  NEW  YORK  CITY.  489 


regents  of  the  university  of  the  state  of  New  York  shall  pay 
annually  to  the  comptroller  of  The  City  of  New  York,  as 
trustee  for  said  college,  the  distributive  share  of  the  said  funds 
to  which  the  said  Normal  College  of  the  City  of  New  York 
shall  by  law  be  entitled,  and  which  shall  be  applied  and  ex- 
pended for  library  books  for  said  college. 

Trustees  to  report  annually  the  amount  required  to  pay  salaries, 
etc.;  such  amount  to  be  raised  by  taxation;  board  of  aldermen 
may  increase  amount  named  herein. 

§  1 142.  It  shall  be  the  duty  of  the  trustees  of  said  college 
annually  on  or  before  the  fifteenth  day  of  October  to  report  to 
the  board  of  estimate  and  apportionment  such  sum  not  exceed- 
ing one  hundred  and  fifty  thousand  dollars  in  any  one  year, 
as  they  may  require  for  the  payment  of  salaries  of  the  pro- 
fessors and  officers  of  the  said  college,  for  obtaining  and 
furnishing  scientific  apparatus,  books  for  the  students  and  all 
other  necessary  supplies  therefor,  for  repairing  and  altering 
the  college  buildings,  and  for  the  support,  maintenance  and 
general  expenses  of  said  college;  and  the  said  board  of  esti- 
mate and  apportionment,  and  the  board  of  aldermen 
of  The  City  of  New  York  are  hereby  authorized 
and  directed,  in  each  and  every  year  to  raise  and  collect  by 
tax  on  the  estate,  real  and  personal,  liable  to  taxation  in  said 
city,  such  sum  of  money,  not  exceeding  the  amount  aforesaid, 
as  may  be  reported  to  them  by  said  trustees,  the  amount  so  to 
be  raised  and  collected  to  be  in  addition  to  the  sums  required 
for  the  purposes  of  common  schools  in  The  City  of  New  York, 
under  the  act  entitled  "  An  act  to  amend,  consolidate  and  re- 
duce to  one  act  the  several  acts  of  the  state  of  New  York 
relative  to  common  schools  of  The  City  of  New  York,*'  passed 
July  third,  eighteen  hundred  and  fifty-one,  and  the  several  acts 
amendatory  thereto.  Upon  the  recommendation  of  the 
trustees,  the  board  of  estimate  and  apportioment  and  the 
board  of  aldermen  may  increase  from  time  to  time  the 
amount  annually  to  be  raised  in  the  tax  levy  for  the  main- 
tenance of  the  normal  college. 

Instruction  to  be  furnished  gratuitously;  degrees  and  diplomas. 

§  1 143.  The  said  board  of  education,  as  trustees  of  said 
college,  shall  continue  to  furnish  through  the  Normal  College 
of  the  City  of  New  York,  the  benefit  of  education  gratuitously 
to  girls  who  have  been  pupils  in  the  common  schools  of  The 
City  of  New  York  as  constituted  by  this  act,  for  a  period  of 


490 


LAWS  OF  NEW  YORK. 


time  to  be  regulated  by  the  board  of  trustees  of  said  college, 
and  to  all  other  girls  who  are  actual  residents  of  said  city, 
and  who  are  qualified  to  pass  the  required  examination  for 
admission  to  said  college ;  and  the  board  of  trustees,  upon  the 
recommendation  of  the  faculty  of  the  said  college,  may  grant 
the  usual  degrees  and  diplomas  in  the  arts  to  such  persons  as 
shall  have  completed  a  full  course  of  study  in  the  said  college. 
The  said  board  of  trustees  shall  give  normal  instruction  in 
manual  training  for  the  purpose  of  preparing  teachers  of 
manual  training-  for  the  common  schools. 

Annual  reports  of  trustees. 

§  1 144.  The  trustees  of  the  Normal  College  of  the  City  of 
New  York  shall  make  and  transmit  annually,  on  or  before  the 
first  day  of  February  in  each  year,  to  the  board 
of  aldermen  and  also  to  the  secretary  of  the  board 
of  regents  of  the  university  of  the  state  of  New  York,  a  report, 
dated  on  the  last  secular  day  of  December  next  preceding, 
which  report  shall  state  the  names  and  ages  of  all  the  pupils 
instructed  in  said  college  during  the  preceding  year,  and  the 
time  that  each  was  so  instructed,  specifying  which  of  them 
have  completed  a  full  course  of  study  therein,  and  which  have 
received  degrees,  medals  and  other  special  testimonials;  a 
particular  statement  of  the  studies  pursued  by  each  pupil  since 
the  last  preceding  report,  together  with  the  books  such  student 
shall  have  studied,  in  whole  or  in  part,  and  if  in  part,  what 
portions;  an  account  or  estimate  of  the  library,  philosophical 
and  chemical  apparatus  and  mathematical  or  other  scientific 
instruments  belonging  to  said  college;  the  names  of  the  in- 
structors employed  in  said  college  and  the  compensation  paid 
to  each ;  what  amount  of  moneys  the  board  of  trustees  received 
during  the  year  for  the  purposes  of  said  college,  and  from 
what  source,  specifying  how  much  from  each,  and  the  par- 
ticular manner  and  the  specific  purposes  for  which  such  moneys 
have  been  expended,  and  such  other  information  in  relation 
to  education  in  the  said  college,  and  the  measures  of  the  board 
of  trustees  in  the  management  thereof,  as  the  board  of  educa- 
tion or  the  regents  of  the  university  of  the  state  of  New  York 
may  from  time  to  time  require. 

Money  appropriated  for,  to  be  expended  when  required  by  trustees; 
contracts  by  trustees. 

§  1 145.  The  moneys  apportioned  to  the  board  of  education 
of  said  city  of  New  York  by  the  board  of  estimate  and  appor- 


CHAKTER  OF  Nf]W  YOKK  CITY. 


491 


tionment  and  board  of  aldermen,  for  the  payment  of 
the  salaries  of  the  professors  and  officers  of  said 
college,  for  obtaining  and  furnishing  scientific  apparatus, 
books  for  the  students  and  all  other  necessary  supplies  therefor, 
for  repairing  and  altering  the  college  buildings,  and  for  the 
support,  maintenance  and  general  expenses  of  said  college, 
shall  be  expended  for  said  normal  college  when  required  by 
the  trustees  of  the  Normal  College  of  the  City  of  New  York, 
with  the  same  right,  power  and  authority  as  if  the  said  college 
were  under  the  control  of  the  board  of  education  of  The  City 
of  New  York.  All  contracts  entered  into  or  liabilities  incurred 
by  said  trustees  involving  the  expenditure  of  more  than  one 
thousand  dollars,  except  agreements  for  the  payment  of  sala- 
ries, shall  be  entered  into  and  incurred  in  the  same  manner 
and  subject  to  the  restrictions  and  limitations  provided  as  tc 
other  expenditures  of  public  moneys  as  provided  for  in  this  act. 

TITLE  4. 

General  Provisions. 
Religious  sects  and  dogmatic  books  excluded;  Bible  retained. 

§  1 151.  No  school  shall  be  entitled  to  or  receive  any  portion 
of  the  school  moneys  in  which  the  religious  doctrines  or  tenets 
of  any  particular  Christian  or  other  religious  sect  shall  be 
taught,  inculcated  or  practiced,  or  in  which  any  book  or  books, 
containing  compositions  favorable  or  prejudicial  to  the  par- 
ticular doctrines  or  tenets  of  any  particular  Christian  or  other 
religious  sect  shall  be  used,  or  which  shall  teach  the  doctrines 
or  tenets  of  any  other  religious  sect,  or  which  shall  refuse  to 
permit  the  visits  and  examinations  provided  for  in  this  chapter. 
But  nothing  herein  contained  shall  authorize  the  board  of 
education  or  the  school  board  of  any  borough  to  exclude  the 
Holy  Scriptures,  without  note  or  comment,  or  any  selections 
therefrom,  from  any  of  the  schools  provided  for  by  this  chap- 
ter; but  it  shall  not  be  competent  for  the  said  board  of  educa- 
tion to  decide  what  version,  if  any,  of  the  Holy  Scriptures, 
without  note  or  comment,  shall  be  used  in  any  of  the  schools,* 
provided  that  nothing  herein  contained  shall  be  so  con  strued  as 
to  violate  the  rights  of  conscience,  as  secured  by  the  constitu- 
tion of  this  state  and  of  the  United  States, 


LAWS  OF  NEW  YORK. 


Certain  private  schools  authorized  to  participate  in  common  school 
fund. 

§  1 1 52.  The  school  established  and  maintained  by  the  Five 
Points  House  of  Industry,  in  The  City  of  New  York,  the  school 
established  and  maintained  by  the  Ladies'  Home  Missionary 
Society  of  the  Methodist  Episcopal  Church,  at  the  institu- 
tion in  Park  street,  near  the  place  usually  called  the  Five 
Points,  in  the  said  city,  and  the  industrial  schools  established 
and  maintained  under  the  charge  of  the  Children's  Aid  Society, 
in  The  City  of  New  York,  or  any  other  private  school  in  the 
said  city  in  the  discretion  of  the  board  of  education,  shall  par- 
ticipate through  the  board  of  education  in  the  distribution 
of  the  common  school  fund  in  the  same  manner  and  degree 
as  the  common  schools  in  The  City  of  New  York,  and  shall  be 
subject  to  the  same  regulations  and  restrictions  as  are  now  by 
law  imposed  on  the  common  schools  of  New  York. 

To  report  as  to  moneys  and  attendance. 

§  1 153.  The  board  of  education  shall  require  from  the  offi- 
cers conducting  schools  by  appointment  of  the  board,  and 
from  the  trustees,  managers  or  directors  of  the  corporate 
schools  entitled  to  participate  in  the  apportionment  of  school 
moneys,  a  report  in  all  respects  similar  to  that  formerly  re- 
quired in  The  City  of  New  York  as  constituted  prior  to  the 
passage  of  this  act  from  the  trustees  of  each  ward.  And  in 
making  the  apportionment  among  the  several  schools,  no 
share  shall  be  allotted  by  the  board  to  any  school 
or  society  from  which  no  sufficient  annual  report  shall  have 
been  received,  for  the  year  ending  on  the  last  day  of  June 
immediately  preceding  the  apportionment. 

Certain  additional  private  schools  authorized  to  participate  in  school 
funds. 

§  1 1 54.  The  New  York  Orphan  Asylum  School,  the  Roman 
Catholic  Orphan  Asylum  School,  the  schools  of  the  two  half 
orphan  asylums,  the  school  of  the  Society  for  the  Reformation 
of  Juvenile  Delinquents,  in  The  City  of  New  York,  the  school 
for  the  Leake  and  Watts'  Orphans'  House,  the  school  connected 
with  the  almshouse  of  said  city,  the  school  of  the  Association 
for  the  Benefit  of  Colored  Orphans,  the  schools  of  the  American 
Female  Guardian  Society,  the  school  established  and  maintained 
by  the  New  York  Juvenile  Asylum,  by  the  New  York  Infant 
Asylum,  by  the  Nursery  and  Child's  Hospital,  including  the 
country  branch  thereof;  the  orphan  asylums  and  industrial 
schools  as  existing  in  the  city  of  Brooklyn  at  the  time  of  the 


CHARTER  OF  NEW  YORK  CITY. 


493 


passage  of  this  act,  and  the  several  schools  and  branches 
thereof,  the  schools  organized  under  the  act  entitled  ''An  act 
to  extend  to  the  city  and  county  of  New  York  the  provisions 
of  the  general  act  in  relation  to  the  common  schools,  passed 
April  eleventh,  eighteen  hundred  and  forty-two,"  or  an  act  to 
amend  the  same,  passed  April  eighteenth,  eighteen  hundred 
and  forty-three,  or  an  act  entitled  '*An  act  more  effectually 
to  provide  for  common  school  education  in  the  city  and  county 
of  New  York,  passed  May  seventh,  eighteen  hundred  and 
forty-four,"  or  any  of  the  acts  amending  the  same,  and  such 
schools  as  may  be  organized  under  the  provisions  of  this  chap- 
ter shall  be  subject  to  the  general  supervision  of  the  board  of 
education,  and  shall  be  entitled,  through  the  said  board  to 
participate  in  the  apportionment  of  the  school  moneys,  as 
provided  for  in  this  chapter,  but  they  shall  be  under  the  im- 
mediate direction  of  their  respective  trustees,  managers  and 
directors,  as  herein  provided. 

Accidental  omission  to  report. 

§  1 155.  Whenever  an  apportionment  of  the  public  money 
shall  not  be  made  to  any  school,  in  consequence  of  any  acci- 
dental omission  to  make  any  report  required  by  law,  or  to 
comply  with  any  other  regulation  or  provision  of  law,  the 
board  of  education  may,  in  its  discretion,  direct  an  apportion- 
ment to  be  made  to  such  school,  according  to  the  equitable 
circumstances  of  the  case,  to  be  paid  out  of  the  public  money 
on  hand,  or  if  the  same  shall  have  been  distributed  out  of  the 
public  money  to  be  received  in  a  succeeding  year. 

Trustees  of  such  schools  may  convey  to  corporation  and  become 
merged. 

§  1 156.  The  trustees,  managers  and  directors  of  any  of  the 
corporate  schools  entitled  to  participate  in  the  apportionment 
of  the  school  moneys  may,  at  any  time,  convey  their  school 
houses  and  sites  to  the  corporation  of  The  City  of  New  York, 
and  transfer  any  of  their  schools  to  the  board  of  education,  on 
the  terms  and  in  the  manner  to  be  agreed  upon  and  prescribed 
by  the  board  of  education,  so  as  either  to  merge  the  said 
schools  in  the  public  schools  or  adopt  them  as  public  schools; 
and  the  same  shall  then  be  public  schools,  subject  to  all  the 
niles,  duties  and  liabilities,  and  enjoy  the  same  rights  as  if 
they  had  been  orginally  established  as  public  schools. 


494 


LAWS  OF  NEW  YORK. 


Nautical  school  to  be  established. 

§  1 157.  The  board  of  education  is  authorized  and  directed 
to  provide  and  maintain  a  nautical  school  in  said  city,  for  the 
education  and  training  of  pupils  in  the  science  and  practice 
of  navigation;  to  furnish  accommodations  for  said  school,  and 
make  all  needful  rules  and  regn.^ations  therefor,  and  for  the 
number  and  compensation  of  instructors  and  others  employed 
therein;  to  prescribe  the  government  and  discipline  thereof, 
and  the  terms  and  conditions  upon  which  pupils  shall  be  re- 
ceived and  instructed  therein,  and  discharged  therefrom,  and 
provide  in  all  things  for  the  good  management  of  said  nautical 
school.  And  said  board  shall  have  power  to  purchase  the 
books,  apparatus,  stationery,  and  other  things  necessary  or 
expedient  to  enable  said  school  to  be  properly  and  successfully 
conducted,  and  may  cause  the  said  school  or  the  pupils,  or 
part  of  the  pupils,  thereof  to  go  on  board  vessels  in  the  harbor 
of  New  York,  and  take  cruises  in  or  from  said  harbor  for  the 
purpose  of  obtaining  a  practical  knowledge  in  navigation  and 
of  the  duties  of  mariners.  And  the  said  board  are  hereby 
authorized  to  apply  to  the  United  States  government  for  the 
requisite  use  of  vessels  and  supplies  for  the  purpose  above 
mentioned. 

Nautical  school;  management  of. 

§  1 1 58.  The  said  board  of  education  shall  appoint  annually 
at  least  three  of  their  number  who  shall,  subject  to  the  control, 
supervision  and  approbation  of  the  board,  constitute  an  execu- 
tive committee,  for  the  care,  government,  and  management  of 
such  nautical  school,  under  rules  and  regulations  so  prescribed, 
and  whose  duty  it  shall  be,  among  other  things,  to  recommend 
the  rules  and  regulations  which  they  deem  necessary  and 
proper  for  such  school. 

Chamber  of  Commerce  to  appoint  committee  to  serve  as  council. 

§  1 1 59.  The  chamber  of  commerce  of  New  York  is  author- 
ized to  provide  for  and  appoint  a  committee  of  its  members 
to  serve  as  a  council  of  the  nautical  school,  whose  duty  it  shall 
be  as  far  as  may  be,  to  advise  and  co-operate  with  the  board 
of  education  in  the  establishment  and  management  of  such 
school,  and  from  time  to  time  to  visit  and  examine  the  same, 
and  to  communicate  in  respect  thereof,  with  the  board  of 
education,  or  such  executive  committee  thereof,  and  to  make 
reports  to  the  chamber  of  commerce  which  may  transmit  to 
the  state  superintendent  of  public  instruction  such  reports,  or 


CHAKTER  OF  NEW  YORK  CITY.  495 


any  thereof,  or  an  abstract  of  the  same,  with  such  recom- 
mendations as  may  be  deemed  advisable. 

Expenses. 

§  1160.  After  the  establishment  and  organization  of  the  said 
school,  the  expenses  thereof,  and  of  carrying  out  the  provi- 
sions of  this  chapter,  shall  be  defrayed  from  the  moneys  raised 
by  law  for  the  support  of  common  schools  in  The  City  of 
Kew  York. 

New  York  Institution  for  the  Blind. 

§  1 161.  The  board  of  education  is  hereby  authorized  and 
required  to  distribute  to  the  managers  of  the  New  Y'ork  Insti- 
tution for  the  Blind  a  ratable  proportion  of  the  said  school  fund 
to  every  blind  pupil  in  said  institution,  without  regard  to  age. 

CHAPTER  XIX. 
Department  of  Health. 

Title  I.  Powers  and  duties  of  the  department,  its  officers  and 

administration. 
Title  2.  Marriages,  births  and  deaths. 
Title  3.  Duties  of  physicians  and  others. 
Title  4.  Legal  proceedings  and  punishment  for  disobedience 

of  orders  and  ordinances. 
Title  5.  Reimbursement  of  expenses. 
Title  6.  Abatement  by  suit. 
Title  7.  Lodging  houses. 
Title  8.  Pension  fund. 

title  I. 

Organization,  ^Administration,  Authority.,  Duties  and  Powers 
of  Department. 

The  board  of  health  the  head  of  the  department  of  health. 

§  1 167.  The  head  of  the  department  of  health  shall  be 
called  the  board  of  health.  Said  board  shall  consist  of  one 
commissioner  to  be  called  the  commissioner  of  health,  the 
police  commissioner  and  the  health  officer  of  the  port.  The 
cpmmissioner  of  health  shall  be  appointed  by  the  mayor, 
shall  hold  office  as  provided  in  chapter  four  of  this  act,  and 
shall  be  the  president  of  the  board  of  health.  The  commis- 
sioner of  health  shall  be  the  executive  officer  of  the  health 


496 


LAWS  OF  NEW  YORK. 


department.  The  terms  of  office  of  the  three  officers  called 
commissioners  of  health,  except  the  president  of  the  board  of 
health,  appointed  pursuant  to  the  provisions  of  the  Greater 
New  York  Charter,  shall  cease  and  determine  on  the  first  day 
of  January,  nineteen  hundred  and  two,  and  the  said  president 
shall  thereupon  become  the  commissioner  of  health. 

Authority,  duty  and  powers  of  the  board  of  health. 

§  1 1 68.  The  authority,  duty  and  powers  of  the  department 
of  health  shall  extend  over  The  City  of  New  York,  and  the 
waters  adjacent  thereto,  within  the  jurisdiction  of  said  city, 
and  over  the  waters  of  the  bay  within  the  quarantine  limits 
as  established  by  law,  but  shall  not  be  held  to  interfere  with 
the  powers  and  duties  of  the  commissioners  of  quarantine 
or  the  health  officer  of  the  port.  It  shall  be  the  duty  of  the 
department  of  health  to  make  an  annual  report  to  the  mayor 
of  The  City  of  New  York,  of  all  the  operations  of  the  de- 
partment for  the  previous  year.  The  mayor  may  at  any  time 
call  for  a  fuller  report,  or  for  a  report  upon  any  portion  of 
the  work  of  said  department,  whenever  he  may  deem  it  to 
be  for  the  public  good  so  to  do.  All  the  authority,  duty  and 
powers  heretofore  conferred  or  enjoined  upon  the  health 
departments,  boards  of  health,  health  and  sanitary  officers 
in  any  of  the  municipal  and  public  corporations  or  parts 
thereof,  in  any  of  the  territory  now  within  or  hereafter  to 
become  a  part  of  The  City  of  New  York,  as  constituted  by 
this  act,  and  vv^ithin  the  jurisdiction  of  said  city,  by  chapter 
seventy-four  of  the  laws  of  eighteen  hundred  and  sixty-six, 
and  the  several  acts  amendatory  thereof,  and  by  any  other 
subsequent  laws  of  this  state,  and  upon  the  several  officers 
and  members  of  said  boards,  by  the  laws  constituting  and 
appointing  all  such  departments,  boards  of  health,  and  sani- 
tary officers  and  members  of  said  boards,  by  the  laws  consti- 
tuting and  appointing  all  such  departments,  boards  of  health, 
and  sanitary  officers,  and  giving  and  granting  to  them,  or 
any  of  them,  duties  and  powers  not  inconsistent  with  the  pro- 
visions of  this  act,  are  hereby  conferred  upon  and  vested  in 
and  enjoined  upon,  and  shall  hereafter  be  exclusively  exer- 
cised in  The  City  of  New  York  by  the  department  of  health, 
and  board  of  health,  created  by  this  act,  and  by  the  officers 
of  said  board  of  health  and  the  said  department  of  health, 
and  the  same  are  to  be  exercised  in  the  manner  specified  in 
said  chapter  seventy-four  of  the  laws  of  eighteen  hundred 
and  sixty-six,  and  the  several  acts  amendatory  thereof,  and 


CHARTER  OF  NEW  YORK  CITY. 


497 


by  any  other  subsequent  laws  of  the  state  relative  to  health 
and  sanitary  matters,  and  the  prevention  of  pestilence  and 
disease  in  said  city  of  New  York,  or  in  any  part  thereof,  and 
in  conformity  with  the  provisions  of  this  act. 

Duty  of  board  as  to  enforcement  of  laws;  information. 

§  1 169.  It  shall  be  the  duty  of  said  board  of  health  to  aid 
the  enforcement  of,  and  so  far  as  practicable,  to  enforce  all 
laws  of  this  state,  applicable  in  said  district,  to  the  preserva- 
tion of  human  life,  or  to  the  care,  promotion,  or  protection 
of  health ;  and  said  board  may  exercise  the  authority  given 
by  said  laws  to  enable  it  to  discharge  the  duty  hereby  imposed; 
and  this  section  is  intended  to  include  all  laws  relative  to  clean- 
liness, and  to  the  use  or  sale  of  poisonous,  unwholesome,  dele- 
terious, or  adulterated  drugs,  medicines  or  food,  and  the 
necessary  sanitary  supervision  of  the  purity  and  wholesome- 
ness  of  the  water  supply  and  the  sources  thereof  for  The  City 
of  New  York.  And  said  board  is  authorized  to  require  reports 
and  information  at  such  times  and  of  such  facts,  and  gener- 
ally of  such  nature  and  extent,  relative  to  the  safety  of  life 
and  promotion  of  health  as  its  by-laws  or  rules  may  provide, 
from  all  public  dispensaries,  hospitals,  asylums,  infirmaries, 
prisons  and  schools,  and  from  the  managers,  principals 
and  officers  thereof;  and  from  all  other  public  institutions, 
their  officers  and  managers,  and  from  the  proprietors,  mana- 
gers, lessees,  and  occupants  of  all  theatres  and  other  places 
of  public  resort  or  amusement  in  said  district ;  but  such  reports 
and  information  shall  only  be  required  concerning  matters, 
or  particulars,  in  respect  of  which,  it  may,  in  its  opinion,  need 
information,  for  the  better  discharge  of  its  duties  in  said  city 
of  New  York  and  every  part  thereof.  It  is  hereby  made  the 
duty  of  the  officer^  institutions,  and  persons  so  called  on,  or 
referred  to,  to  promptly  give  such  information  and  make  such 
reports  verbally  or  in  writing  as  may  be  required  by  said  board. 
The  board  of  health  shall  use  all  reasonable  means  for  ascer- 
taining the  existence  and  cause  of  disease  or  peril  to  life  or 
health,  and  for  averting  the  same,  throughout  said  city,  and 
shall  promptly  cause  all  proper  information  in  possession  of 
said  board  ,  to  be  sent  to  the  local  health  authorities  of  any 
city,  village,  or  town  in  this  state  which  may  request  the  same, 
and  shall  add  thereto  such  useful  suggestions  as  the  experience 
of  said  board  may  supply.  It  shall  be  the  duty  of  said  board, 
so  far  as  it  may  be  able,  without  serious  expense,  to  gather  and 
preserve  such  information  and  facts  relating  to  death,  disease 


498 


LAWS  OF  NEW  YORK. 


and  health,  from  other  parts  of  this  state,  but  especially  in  said 
city,  as  may  be  useful  in  the  discharge  of  its  duties,  and  con- 
tribute to  the  promotion  of  health,  or  the  security  of  life  in 
the  state  of  New  York.  It  shall  be  the  duty  of  said  board 
to  give  all  information  that  may  be  reasonably  requested  con- 
cerning any  threatened  danger  to  the  public  health,  to  the 
health  officer  of  the  port  of  New  York,  and  to  the  commis- 
sioners of  quarantine  of  said  port;  who  shall  give  the  like 
information  to  said  board;  and  said  board,  and  said  officers 
and  quarantine  commissioners  shall,  so  far  as  legal  and  prac- 
ticable, co-operate  together  to  prevent  the  spread  of  disease, 
and  for  the  protection  of  life  and  the  promotion  of  health, 
within  the  sphere  of  their  respective  duties.  Said  board  may 
grant  bills  of  health  to  masters  of  vessels  certifying  to  the 
condition  of  the  city  in  respect  of  health. 

Hospitals* 

§  1 1 70.  Said  board  may  remove  or  cause  to  be  removed  to 
proper  place,  to  be  by  it  designated,  any  person  sick  with  any 
contagious,  pestilential,  or  infectious  disease ;  shall  have  exclu- 
sive charge  and  control  of  the  hospitals  for  the  treatment  of 
such  cases;  and  shall  have  power  to  provide  and  pay  for  the 
use  of  proper  places  to  which  to  remove  such  persons  as  well 
as  to  designate  such  places.  The  board  of  health  is  authorized 
and  empowered  to  erect,  establish,  maintain,  and  furnish,  upon 
North  Brothers  island  and  in  such  other  places  within  The 
City  of  New  York  as  are  now  used  for  such  purposes,  build- 
ings and  hospitals  for  the  care  and  treatment  of  persons  sick 
with  contagious  diseases,  and  shall  have  the  exclusive  charge 
and  control  of  the  said  buildings  and  hospitals.  It  shall  have 
power  to  take  possession  of,  and  occupy  for  temporary  hos- 
pitals, any  building  or  buildings  in  the  said  city,  during  the 
prevalence  of  an  epidemic,  if  in  the  judgment  of  the  board  the 
same  may  be  required,  and  shall  pay  for  private  property  so 
taken  a  just  compensation  for  the  same.  Said  board  may 
cause  proper  care  and  attendance  to  be  given  to  persons  sick 
or  removed,  when  it  shall  be  made  to  appear  to  the  said  board 
that  any  such  person  is  so  poor  as  to  be  unable  to  procure  for 
himself  such  care  and  attendance,  or  that  the  public  health 
requires  special  medical  care  and  attendance.  The  board  of 
health  may  send  to  such  place  as  it  may  direct,  all  aliens  and 
other  persons  in  the  city,  not  residents  thereof,  who  shall  be 
sick  of  any  infectious,  pestilential,  or  contagious  disease.  The 
expense  of  the  support  of  such  aliens  or  other  persons  shall  be 


CHAKTER  OF  NEW  YORK  CITY. 


499 


defrayed  by  the  corporation  of  The  City  of  New  York,  unless 
such  aUens  or  other  persons  shall  be  entitled  to  support  from 
the  commissioners  of  emigration.  No  person  shall  remove 
any  person  sick  with  infectious,  contagious  or  pestilential  dis- 
ease from  any  vessel  or  other  place  in  said  city  without  a  writ- 
ten permit  from  the  board  of  health. 

Repairs  of  building. 

§  1 171.  The  powers  of  the  board  of  health  shall  be  construed 
to  include  the  ordering  and  enforcing  in  the  same  manner  as 
other  orders  are  provided  to  be  enforced,  the  repairs  of  build- 
ings, houses,  and  other  structures;  the  regulation  and  control 
of  all  public  markets  (so  far  as  relates  to  the  cleanliness,  venti- 
lation and  drainage  thereof,  and  to  the  prevention  of  the  sale, 
or  offering  for  sale,  of  improper  articles  therein)  ;  the  removal 
of  any  obstruction,  matter  or  thing  in  or  upon  the  public 
streets,  sidewalks  or  places  which  shall  be  in  its  opinion  liable 
to  lead  to  results  dangerous  to  life  or  health;  the  prevention 
of  accidents  by  which  life  or  health  may  be  endangered;  and 
generally  the  abating  of  all  nuisances.  It  is  hereby  expressly 
declared  that  the  said  board  of  health  shall  have  and  possess 
full  and  complete  power  with  reference  to  the  ventilation, 
drainage  and  cleanliness  of  the  stands  or  stalls  in  or  around 
all  markets,  and  ^aid  board  shall  have  in  said  city  all  common- 
law  rights  to  abate  any  nuisance  without  suit,  which  can  or 
does  in  this  state  belong  to  any  person  whatever. 

Sanitary  code. 

§  1 1 72.  The  sanitary  code  which  shall  be  in  force  in  The 
City  of  New  York  the  first  day  of  January,  nineteen  hundred 
and  two,  and  all  existing  provisions  of  law  fixing  penalties 
for  violations  of  said  code  are  hereby  declared  to  be  binding 
and  in  force  in  The  City  of  New  York,  and  shall  continue 
to  be  so  binding  and  in  force,  except  as  the  same 
may,  from  time  to  time,  be  revised,  altered,  amended 
or  annulled  as  herein  provided.  Provided,  however, 
that  so  much  of  this  section  as  declares  the  sanitary 
code  binding  and  in  force  in  The  City  of  New  York  shall  not 
be  construed  as  limiting  the  storage  of  fertilizers  or  the  keep- 
ing and  slaughtering  of  fowls,  cattle  and  other  domestic 
animals  upon  premises  used  for  farming  in  unimproved  sec- 
tions of  the  city,  or  as  forbidding  the  ordinary  use  of  country 
roads  in  driving  such  fowls,  cattle  and  other  domestic  animals. 
Said  board  of  health  is  hereby  authorized  and  empowered, 


500 


LAWS  OF  NEW  YORK. 


from  time  to  time,  to  add  to  and  to  alter,  amend  or  annul  any 
part  of  the  said  sanitary  code,  and  may  therein  publish  addi- 
tional provisions  for  the  security  of  life  and  health  in  The 
City  of  New  York,  and  confer  additional  powers  on  the  de- 
partment of  health,  not  inconsistent  with  the  constitution  or 
laws  of  this  state,  and  may  provide  for  the  enforcement  of  the 
said  sanitary  code  by  such  fines,  penalties,  forfeitures,  or 
imprisonment  as  may  by  ordinance  be  prescribed.  The  board 
of  health  may  embrace  in  said  sanitary  code  all  matters 
and  subjects  to  which,  and  so  far  as,  the  power  and 
authority  of  said  department  of  health  extends,  not  limiting 
their  application  to  the  subject  of  health  only.  Any  viola- 
tion of  said  sanitary  code  shall  be  treated  and  punished  as 
a  misdemeanor.  Pecuniary  penalties  for  violation  of 
said  sanitary  code  may  be  recovered  in  a  civil  action  in 
the  name  of  the  department  of  health  of  The  City  of  New 
York,  before  any  justice  or  tribunal  in  said  city,  having  juris- 
diction of  civil  actions;  and  all  such  justices  and  tribunals 
shall  take  jurisdiction  of  such  action.  Copies  of  the  record 
of  the  proceedings  of  said  board  of  health,  of  its  rules,  regu- 
lations, ordinances,  by-laws  and  books  and  papers  constitut- 
ing part  of  its  archives,  and  the  sanitary  code,  now  or  here- 
after in  force  in  said  city,  when  authenticated  by  its  secretary 
or  secretary  pro  tempore,  shall  be  presumptive  evidence,  and 
the  authentication  taken  as  presumptively  correct  in  any 
court  of  justice,  or  judicial  proceeding,  when  they  may  be 
relevant  to  the  point  or  matter  in  controversy,  of  the  facts, 
statements,  and  recitals,  therein  contained. 

Judicial  notice  of  seal  and  presumptions. 

§  1 1 73.  The  actions,  proceedings,  authority,  and  orders  of 
said  board  of  health  shall  at  all  times  be  regarded  as  in  their 
nature  judicial,  and  be  treated  as  prima  facie  just  and  legal. 
All  meetings  of  said  board  shall  in  every  suit  and  proceeding 
be  taken  to  have  been  duly  called  and  regularly  held,  and  all 
orders  and  proceedings  to  have  been  duly  authorized,  unless 
the  contrary  be  proved.  All  courts  shall  take  judicial  notice 
of  the  seal  of  said  board  and  of  the  signature  of  its  secretary 
and  chief  clerk. 

Seal. 

§  1 174.  The  board  of  health  may  design  and  adopt  a  seal, 
and  use  the  sam.e  in  the  authentication  of  its  orders  and  pro- 
ceedings, commissioning  its  officers  and  agents,  and  other- 


CHARTER  OF  NEW  YORK  CITY. 


601 


wise,  as  the  rules  of  the  board  may  provide.  Said  board 
may  enact  such  by-laws,  rules  and  regulations  as  it  may  deem 
advisable,  in  harmony  with  the  provisions  and  purposes  of 
this  chapter,  and  not  inconsistent  with  the  constitution  or 
laws  of  this  state,  for  the  regulation  of  the  action  of  said 
board,  its  officers  and  agents,  in  the  discharge  of  its  and  their 
duties,  and  from  time  to  time  may  alter,  annul  or  amend  the 
same. 

Publication  of  reports  and  statistics. 

§  1 175.  The  board  of  health  may  establish  as  It  shall  deem 
wise,  and  to  promote  the  public  good  and  public  service, 
reasonal^le  regulations  as  to  the  publicity  of  any  of  the  pa- 
pers, files,  reports,  records  and  proceedings  of  the  depart- 
ment of  health ;  and  may  publish  such  information  as  may, 
in  its  opinion,  be  useful,  concerning  births,  deaths,  mar- 
riages, sickness,  and  the  general  sanitary  conditions  of  said 
city^  or  any  matter,  place  or  thing  therein. 

Proceedings  relative  to  dangerous   buildings,  vessels,  places  and 
things. 

§  1 176.  Whenever  any  building,  erection,  excavation,  prem- 
ises, business  pursuit,  matter  or  thing,  or  the  sewerage,  drain-, 
age  or  ventilation  thereof,  in  said  city,  shall,  in  the  opinion 
of  said  board,  whether  a^  a  whole  or  in  any  particular,  be  in 
a  condition  or  in  effect  dangerous  to  life  or  health,  said  board 
may  take  and  file  among  its  .records  what  it  shall  regard  as 
sufficient  proof  to  authorize  its  declaration  that  the  same,  to 
the  extent  it  may  specify,  is  a  public  nuisance,  or  dangerous 
to  life  or  health;  and  said  board  may  thereupon  enter  in  its 
records  the  same  as  a  nuisance,  and  order  the  same  to  be  re- 
moved, abated,  suspended,  altered,  or  otherwise  improved  or 
purified,  as  said  order  shall  specify;  and  if  any  party  served 
with  such  order  (or  intended  to  be  according  to  this  chapter) 
shall,  before  its  execution  is  commenced,  or  within  three  days 
after  such  service  or  attempted  service,  apply  to  said  board, 
or  the  president  thereof,  to  have  said  order  or  its  execution 
stayed  or  modified,  it  shall  then  be  the  duty  of  said  board 
to  temporarily  suspend  or  modify  said  order  or  the  execution 
thereof,  save  in  cases  of  imminent  danger  from  impending 
pestilence,  when  said  board  may  exercise  extraordinary  pow- 
ers, as  herein  elsewhere  specified,  and  to  give  such  party  or 
parties  together,  as  the  case  in  the  opinion  of  the  board  may 
require,  a  reasonable  and  fair  opportunity  to  be  heard  before 


502 


LAWS  OF  NEW  YORK. 


said  board  and  to  present  facts  and  proofs,  according  to  the 
rules  or  directions  of  said  board,  against  said  declaration  and 
the  execution  of  said  order,  or  in  favor  of  its  modification, 
according  to  the  regulations  of  the  board;  and  the  board  shall 
enter  in  its  minutes  such  facts  and  proofs  as  it  may  receive 
and  its  proceedings  on  such  hearing,  and  any  other  proof  it 
may  take;  and  thereafter  may  rescind,  modify  or  reaffirm  its 
said  declaration  and  order,  and  require  execution  of  said  orig- 
inal, or  of  a  new  or  modified  order  to  be  made  in  such  form 
and  effect  as  it  may  finally  determine.  Said  board  may  order 
or  cause  any  excavation,  erection,  vehicle,  vessel,  water  craft; 
room,  building,  place,  sewer,  pipe,  passage,  premises,  ground, 
matter  or  thing  in  said  city  or  adjacent  waters,  regarded  by 
said  board  as  in  a  condition  dangerous  or  detrimental  to  life 
or  health,  to  be  purified,  cleaned,  disinfected,  altered  or  im- 
proved; and  may  also  order  any  substance,  matter  or  thing 
being  or  left  in  any  street,  alley,  water,  excavation,  building, 
erection,  place  or  grounds  (whether  such  place,  where  the 
same  may  be,  is  public  or  private)  and  which  said  board  may 
regard  as  dangerous  or  detrimental  to  life  or  health,  to  be 
speedily  removed  to  some  proper  place;  and  may  designate 
or  provide  a  place  to  which  the  same  shall  be  removed,  when 
no  such  adequate  or  proper  place,  in  the  judgment  of  said 
board,  is  already  provided.  If  said  order  is  not  complied  with, 
or  as  far  complied  with  as  said  board  of  health  may  regard 
as  reasonable,  within  five  days  after  such  service  or  attempted 
service,  or  within  any  shorter  time,  which,  in  case  of  pestilence, 
the  board  of  health  may  have  designated,  or  is  not  thereafter 
speedily  and  fully  executed,  then  any  such  order  may  be  exe- 
cuted as  herein  elsewhere  provided  in  regard  to  any  of  the 
orders  of  said  board.  And  if  personal  service  of  any  afore- 
said order  can  not  be  made  under  this  section  by  reason  of 
absence  from  said  district,  or  inability  to  find  one  or  more  of 
the  owners,  occupants,  lessees  or  tenants  of  the  subject  matter 
to  which  said  order  relates,  or  one  or  more  of  the  persons 
whose  duty  it  was  to  have  done  what  is  therein  required  to 
be  done,  as  the  case  may  render  just  and  proper  in  the  opinion 
of  said  board;  to  be  shown  by  the  ofiicial  certificates  of  the 
officer  having  such  order  to  serve,  then  service  may  be  made 
through  the  mail,  or  by  a  copy  left  at  the  residence  or  place 
of  business  of  the  person  sought  to  be  served,  with  a  person 
of  suitable  age  and  discretion,  and  the  expenses  attending  the 
execution  of  any  and  all  such  orders  respectively  shall  be  a 
several  and  joint  personal  charge  against  each  of  the  owners 


CHARTER  OF  NEW  YORK  CITY. 


503 


or  part  owners,  and  each  of  the  lessees  and  occupants  of  the 
building,  business,  place,  property,  matter  or  thing  to  which 
said  order  relates,  and  in  respect  of  which  said  expenses  were 
incurred;  and  also  against  every  person  or  body  who  was  by 
law  or  contract  bound  to  do  that  in  relation  to  such  business, 
place,  street,  property,  matter  or  thing,  which  said  order 
requires,  and  said  expenses  shall  also  be  a  lien  on  all  rent, 
compensation  due  or  to  grow  due,  for  the  use  of  any  place, 
room,  building,  premises,  matter  or  thing  to  which  said  order 
relates,  and  in  respect  of  which  said  expenses  were  incurred; 
and  also,  a  lien  on  all  compensation  due  or  to  grow  due  for  the 
cleaning  of  any  street,  place,  ground  or  thing,  or  for  the 
cleansing  or  removal  of  any  matter,  thing  or  place,  the  failure 
to  do  which  by  the  party  bound  so  to  do,  or  the  doing  of  the 
same  in  whole  or  in  part  by  order  of  said  board,  was  the  cause 
or  occasion  of  any  such  order  or  expense.  Said  board  of 
health,  its  assignee  or  the  party  who  has,  under  its  order  or 
that  of  the  police  board,  acting  thereunder,  incurred  said 
expense,  or  has  rendered  service  for  which  payment  is  due, 
and  as  the  rules  of  said  board  of  health  may  provide,  may 
institute  and  maintain  a  suit  against  any  one  herein  declared 
liable  for  expenses  as  aforesaid,  or  against  any  person,  firm 
or  corporation  owing,  or  who  may  owe,  such  rent  or  com- 
pensation, and  may  recover  the  expenses  so  incurred  under 
any  order  aforesaid. 

Extraordinary  expenditures. 

§  1 1 77.  The  department  of  health  may  use,  m  compensation 
of  special  inspectors,  physicians  and  nurses,  and  for  supplies 
and  contingencies,  such  sum,  not  exceeding  in  the  aggregate 
eighty  thousand  dollars,  in  excess  of  the  annual  appropriation, 
as  may  be  at  any  time  appropriated  by  the  board  of  estimate 
and  apportionment  for  the  prevention  of  danger  from  con- 
tagious or  infectious  diseases  found  to  exist  in  said  city,  or 
for  the  care  of  persons  exposed  to  danger  from  contagious  or 
infectious  diseases. 

Declaration  of  imminent  peril. 

§  1 178.  In  the  presence  of  great  and  nnminent  peril 
to  the  public  health  by  reason  of  impending  pestilence,  it 
shall  be  the  duty  of  the  board  of  health,  having  first  taken 
and  filed  among  its  records  what  it  shall  regard  as  sufficient 
proof  to  authorize  its  declaration  of  such  peril,  and  having 
duly  entered  the  same  in  its  records,  to  take  such  measures, 


504 


LAWS  OF  NEW  YORK. 


and  to  do  and  order,  and  cause  to  be  done,  such  acts  and 
make  such  expenditures  (beyond  those  duly  estimated  for  or 
provided)  for  the  preservation  of  the  public  health  (though 
not  herein  elsewhere  or  otherwise  authorized)  as  it  may  in 
good  faith  declare  the  public  safety  and  health  to  demand,  and 
the  mayor  shall  in  writing  approve.  But  the  exercise  of  this 
extraordinary  power  shall  also,  so  far  as  it  involves  such  ex- 
cessive expenditures,  require  the  written  consent  of  at  least 
two  members  of  the  board  of  health,  and  the  approval  as 
aforesaid  of  the  mayor.  And  such  peril  shall  not  be  deemed 
to  exist  except  when,  and  for  such  period  of  time,  as  the 
board  of  health  and  mayor  shall  declare. 

Bureaus. 

§  1 1 79.  There  shall  be  two  bureaus  in  the  department  of 
health.  The  chief  officer  of  one  bureau  shall  be  called  the 
"  sanitary  superintendent,"  who,  at  the  time  of  his  appoint- 
ment, shall  have  been,  for  at  least  ten  years,  a  practicing  phy- 
sician, and  for  three  years  a  resident  of  The  City  of  New 
York,  and  he  shall  be  the  chief  executive  officer  of  said  de- 
partment. The  chief  officer  of.  the  second  bureau  shall 
be  called  the  "  registrar  of  records,"  and  in  said  bureau 
shall  be  recorded,  without  fees,  every  birth,  marriage, 
and  death,  and  all  inquisitions  of  coroners,  which 
shall  occur,  or  to  be  taken  within  The  City  of  New 
York.  But  in  cases  of  inquests,  where  the  jury  shall 
find  that  the  death  was  caused  by  negligence  or  malicious 
injury,  only  a  copy  of  the  record  need  be  filed  in  said  bureau. 

Offices  and  expenses. 

§  1 180.  The  board  of  health  may  fit  up  and  furnish  such 
offices  and  such  branch  offices  in  each  and  every  borough 
provided  for  the  department  of  health  in  accordance  with 
law,  as  the  convenience  of  the  department,  its  officers,  agents, 
and  employes,  and  the  prudent  and  proper  discharge  of  the 
duties  of  the  department  may  require;  and  may,  subject  to 
the  other  provisions  of  this  act,  make  such  other  incidental 
and  additional  expenditures,  having  due  regard  to  economy, 
as  the  purposes  and  provisions  of  this  chapter,  and  the 
dangers  to  hfe  and  public  health  may  justify  or  require ;  and 
may  provide  that  any  failure  of  any  officer,  agent,  or  em- 
ploye of  the  department  to  duly  fulfill  his  engagements  or 
discharge  his  duty  shall  cause  a  forfeiture  of  the  whole,  or 
any  less  portion  of  the  salary  or  compensation  of  such  officer, 


CHAKTER  OF  NEW  YORK  CITY. 


505 


agent  or  employe,  as  the  rules  or  .practice  of  the  depart- 
ment may  provide. 

Borough  offices  to  be  maintained. 

§  1181.  The  board  of  health  shall  establish  and  maintain 
in  the  boroughs  of  Manhattan,  The  Bronx,  Brooklyn, 
Queens,  and  Richmond,  offices  wherein  the  business  and  du- 
ties of  the  department  of  health  shall  be  performed  and  dis- 
charged under  its  rules,  regulation  and  control.  To  this  end 
the  board  of  health  shall  appoint  assistant  sanitary  superin- 
tendents, and  assistant  registrars  of  records,  one  of  each  of  such 
officers  to  be  assigned  to  each  of  the  five  borough  offices  above 
mentioned,  and  so  many  of  the  other  officers,  clerks,  inspect- 
ors and  subordinates  allowed,  pursuant  to  this  chapter,  as 
may  be  necessary  to  conduct  and  transact  the  business  of  the 
health  department,  in  each  of  the  said  boroughs.  In  such 
borough  offices,  the  board  of  health  shall  preserve  the  rec- 
ords, files,  reports  and  papers  belonging  and  pertaining  to 
the  boroughs  in  which  the  office  is  located.  In  the  general 
office  of  the  health  department  in  the  borough  of  Manhattan, 
shall  also  be  preserved  and  kept,  both  for  record  and  the 
use  of  the  board  of  health,  the  archives  of  the  department 
of  health,  and  all  the  records,  books,  reports,  files  and  papers 
belonging  and  pertaining  to  the  general  administration  of 
the  health  department,  and  the  business  and  transactions  of 
the  board  of  health,  as  well  as  those  which  belong  to,  and 
have  special  reference  to,  the  business  and  transactions,  and 
the  discharge  of  the  duties  and  powers  of  the  health  depart- 
ment in  the  borough  of  Manhattan.  The  board  of  health 
may  likewise  establish  such  other  additional  offices  as  it  shall 
deem  necessary  for  the  proper  discharge  of  the  duties  and 
powers  of  the  health  department  in  the  several  boroughs,  with 
such  force  as  may  be  essential  thereto  throughout  the  city  as 
constituted  by  this  act,  but  shall  always  maintain  its  chief 
office  in  the  borough  of  Manhattan. 

Delegation  of  powers. 

§  1 182.  The  board  of  health  and  the  commissioner  of 
health  may  from  time  to  time  delegate  any  portion  of  its  or 
his  powers  to  the  sanitary  superintendent  or  an  assistant 
sanitary  superintendent,  to  be  exercised  by  such  delegates 
from  the  time  and  in  the  manner,  and  to  the  extent  specified 
in  such  delegation  in  writing.  Provided,  however,  that  this 
section  shall  not  be  construed  in  restraint  of  the  general 


506 


LAWS  OF  NEW  YORK. 


power  of  the  board  of  health  to  discharge  its  duties  through 
any  and  all  of  its  appointees.  The  department  of  health  shall 
have  a  secretary,  who  shall  subject  to  the  direction  of  the 
board  of  health,  keep  and  authenticate  the  acts,  records,  papers 
and  proceedings  of  the  department  of  health,  preserve  its  books 
and  papers,  conduct  its  correspondence,  and  aid  generally  in 
accomplishing  the  purposes  of  this  chapter.  The  board  of 
health  may  designate  a  clerk  to  be  the  chief  clerk  of  the  depart- 
ment, and  a  clerk  in  each  of  the  offices  of  the  five  boroughs 
above  mentioned,  in  which  offices  are  established,  to  be  an 
assistant  chief  clerk,  who  may  perform  such  duties  of  the  secre- 
tary as  shall  be  assigned  to  him;  and  papers  certified  by  such 
chief  clerk  or  by  an  assistant  chief  clerk  shall  be  of  the  same 
effect  as  evidence  and  otherwise  as  if  certified  by  the  secretary. 

Duty  of  sanitary  superintendents. 

§  1 183.  It  shall  be  the  duty  of  the  sanitary  superintend- 
ent and  the  assistant  sanitary  superintendents,  as  each 
may  be  directed,  to  execute,  or  cause  to  be  executed,  the 
orders  of  said  department  of  health  and  generally,  according 
to  instructions,  to  exercise  a  practical  supervision  in  respect 
to  the  inspectors,  agents,  and  persons  other  than  the  secre- 
tary, and  health  commissioner  and  as  to  the  members  of 
the  police  force,  who  may  exercise  any  authority  under  this 
chapter;  and  said  officers  shall  devote  their  services  to  the 
aforesaid  purposes,  as  the  board  of  health  may,  from  time 
to  time  direct.  Each  such  superintendent  shall  make  reports 
weekly,  or  oftener,  if  directed  by  the  board  of  health,  in  writ- 
ing, stating  generally  his  own  action  and  that  of  his  subordi- 
nates, and  the  condition  of  the  public  health  in  said  city,  or 
any  portion  thereof,  and  any  causes  endangering  life  or 
health  which  have  come  to  his  knowledge  during  that  period. 

Reports  of,  and  inspection. 

§  1 184.  The  sanitary  superintendent,  the  assistant  sani- 
tary superintendents,  the  sanitary  inspectors  and  the  officers 
of  said  department  may  all  visit  sick  persons,  who  shall  be 
reported  to  the  department  of  health  as  sick  of  any  contagious, 
pestilential,  or  infectious  disease  and  report  to  the  department 
of  health,  in  writing,  his  or  their  opinion  of  their  sickness. 
He,  or  they,  shall  visit  and  inspect  all  vessels  coming  to  the 
wharves,,  landing  places,  or  shores  of  said  city,  or  within  three 
hundred  yards  thereof,  which  are  suspected  of  having  on  board 


CHARTER  OF  NEW  YORK  CITY, 


507 


any  infectious  or  contagious  disease,  or  likely  to  communicate 
the  disease  to  the  inhabitants  of  said  city,  and  all  stores  and 
places  within  said  city,  which  are  suspected  to  contain  putrid 
or  unsound  provisions  or  other  articles  likely  to  communicate 
disease  to  the  inhabitants,  and  make  and  sign  a  report  in  writ- 
ing, stating  the  vessel,  stores,  places,  and  articles  so  inspected 
by  him  or  them,  and  the  nature,  state,  and  situation  thereof, 
and  his  or  their  opinion  in  relation  thereto,  as  to  the  probability 
of  disease  being  communicated  by  or  from  the  same,  and  file 
such  report  in  the  chief  office  of  the  department  of  health. 

Sanitary  inspectors. 

§  1 185.  The  board  of  health  shall  appoint  and  com- 
mission at  least  fifty  sanitary  inspectors,  and  shall  have 
power  to  appoint  twenty  additional  sanitary  inspectors, 
if  it  deems  that  number  necessary,  and  from  time  to 
time  to  prescribe  the  duties  of  each  of  said  inspec- 
tors, and  the  place  of  their  performance,  and  of  all 
other  persons  exercising  any  authority  under  said  de- 
partment, except  as  herein  specially  provided;  but  thirty  of 
such  inspectors  shall  be  physicians  of  skill  and  of  practical  pro- 
fessional experience  in  said  city.  The  additional  sanitary 
inspectors  heretofore  duly  appointed  and  commissioned,  either 
in  New  York  city,  or  in  the  city  of  Brooklyn,  may  be  included 
among  the  sanitary  inspectors  mentioned  in  this  section,  and 
may  continue  to  act  as  such  without  reappointment,  but 
nothing  herein  contained  shall  curtail  any  of  the  powers  vested 
in  the  department  of  health  by  this  act,  and  the  number  of 
sanitary  inspectors  for  whom  provision  is  made  in  this  section 
shall  be  exclusive  of  the  special  inspectors  for  whom  provision 
is  made  in  section  eleven  hundred  and  eighty-six  and  else- 
where in  this  act.  All  of  the  said  inspectors  shall  have  such 
practical  knowledge  of  scientific  or  sanitary  matters  as  qualify 
them  for  the  duties  of  their  office.  Each  of  such  inspectors 
shall  once  in  each  week,  make  a  written  report  to  said  depart- 
ment, stating  what  duties  he  has  performed,  and  where  he  has 
performed  them,  and  also  such  facts  as  have  come  to  his 
knowledge  connected  with  the  purposes  of  this  chapter  as  are 
by  him  deemed  worthy  of  the  attention  of  said  department,  or 
such  as  its  regulations  may  require  of  him;  which  reports, 
with  the  other  reports  herein  elsewhere  mentioned,  shall  be 
filed  among  the  records  of  the  said  department. 


508 


LAWS  OF  NEW  YOKK. 


Sanitary  engineering  service. 

§  1 1 86.  The  board  of  health  may,  from  time  to  time, 
employ  a  suitable  person  or  persons  to  render  sanitary 
engineering  service,  and  to  make  or  supervise  practical  and 
scientific  sanitary  investigations  and  examinations  in  the  city 
requiring  engineering  skill,  and  to  prepare  plans  and  reports 
relative  thereto. 

Badges. 

§  1 187.  The  board  of  health  may  provide  a  badge  of  metal 
with  a  suitable  inscription  thereon,  and  direct  and  require  it  to 
be  v^orn,  in  a  position  to  be  designated,  by  any  person  or  offi- 
cer under  the  authority  of  said  department,  at  such  times  and 
under  such  circumstances  as  the  rules  and  by-laws  of  said 
department  shall  direct. 

Examinations  and  survey  s. 

§  1 188.  The  members  of  the  board  of  health,  the  health 
commissioners,  the  sanitary  superintendent,  the  assistant 
sanitary  superintendents,  and  any  of  the  sanitary  inspectors, 
and  such  other  officer  or  person  as  may,  at  any  time,  be,  by 
said  board  of  health  authorized,  may,  without  fee  or  hindrance, 
enter,  examine  and  survey  all  grounds,  erections,  vehicles, 
structures,  apartments,  buildings,  and  every  part  thereof,  and 
places  in  the  city,  including  vessels  of  all  kinds  in  the  waters, 
and  all  cellars,  sewers,  passages  and  excavations  of  every  sort, 
and  inspect  the  safety  and  sanitary  condition,  and  make  plans, 
drawings  and  descriptions  thereof,  according  to  the  order  or 
regulations  of  said  department.  Said  department  may  make 
and  publish  a  report  of  the  sanitary  condition,  and  the  result 
of  the  inspection  of  any  place,  matter  or  thing  in  the  city,  so 
inspected,  or  otherwise,  as  aforesaid,  so  far  as,  in  the  opinion 
of  the  board  of  health,  such  publication  may  be  useful. 

Proofs  and  affidavits. 

§  1 1 89.  Proofs,  affidavits  and  examinations  as  to  any  mat- 
ter under  this  chapter  may  be  taken  by  or  before  the  board  of 
health  or  other  person,  as  the  board  of  health  shall  authorize : 
and  the  commissioner  of  health,  the  secretary,  the  sanitary 
superintendent,  assistant  sanitary  superintendents  and  any 
member  of  said  department  shall,  severally,  have  authority  to 
administer  oaths  in  such  matters,  and  any  person  guilty  of 
wilfully  answering  or  testifying  falsely  therein  shall  incur  all' 
the  pains  and  penalties  of  perjury. 


CHARTER  OF  NEW  YORK  CITY. 


509 


Suits  and  service  of  papers. 

§  1 192.  Said  board  of  health  may  sue  and  be  sued  in  and 
by  the  proper  name  of  "  The  Department  of  Health  of  The 
City  of  New  York,'*  and  not  in  or  by  the  name  of  the  members 
of  said  board,  or  any  of  them;  and  service  of  all  process  in 
suits  and  proceedings  against  or  affecting  said  board,  and 
other  papers  may  be  made  upon  the  president  of  said  board, 
or  upon  its  secretary,  and  not  otherwise;  except  that,  accord- 
ing to  usual  practice  in  other  suits,  papers  in  suit  to  which  said 
board  of  health  is  a  party  may  be  served  on  the  corporation 
counsel  or  such  assistant  as  may  be  assigned  by  him  to  the 
health  department. 

Attorney. 

§  1 193.  The  corporation  counsel  shall  assign  such  assistant 
counsel  as  may  be  needful  to  the  department  of  health,  as  pro- 
vided in  chapter  seven  of  this  act. 

Salaries. 

§  1 194.  The  annual  salaries  to  be  paid  to  persons  herein 
named,  and  appointed  to  the  several  specified  positions,  shall, 
from  and  after  their  entrance  upon  their  duties,  be  as  follows, 
and  such  salaries  shall  be  in  full  for  all  services  rendered  by 
them  to  the  city  in  any  capacity  whatever:  To  the  commis- 
sioner of  health,  seven  thousand  five  hundred  dollars;  to  the 
sanitary  superintendent,  five  thousand  dollars;  to  the  secre- 
tary, five  thousand  dollars;  to  the  assistant  sanitary  super- 
intendents, each  three  thousand  five  hundred  dollars; 
to  the  registrar  of  records,  four  thousand  dollars;  to 
the  assistant  registrars  of  records,  each  three  thousand 
dollars;  to  the  chief  clerk  of  the  department  of  health, 
three  thousand  dollars. 

Id.;  and  no  fees. 

§  1 195.  No  salary  or  , compensation  shall  be  paid  to,  or 
fees  demanded  by,  or  expenses  ordered  to  be  incurred  by  any 
-officer,  department  or  agent,  or  in  respect  to  any  service,  ex- 
penditure, or  employment  under  the  authority  of  any  health 
law,  ordinance,  regulation,  or  appointment  in  said  city,  unless 
such  salary,  expenditure,  employment,  fees  or  expense  shall 
be  authorized  by  the  department  of  health;  and  any  ofificer  or 
agent,  employe  or  servant  of  the  health  department  demand- 
ing or  receiving  compensation,  fees  or  expenses  in  violation  of 
this  section  shall  be  guilty  of  a  misdemeanor,  punishable  by 


510 


LAWS  OF  NEW  YORK. 


imprisonment  for  a  term  of  not  more  than  one  year  and  by  a 
fine  of  not  more  than  five  hundred  dollars,  and  the  forfeiture 
of  his  office  or  position.  No  municipal  body,  or  other  author- 
ity, shall  create  any  office  or  employ  any  officer  or  agent,  or 
incur  any  expense  under  any  health  laws  or  ordinances,  or  in 
respect  of  any  matter  concerning  which  said  health  department 
is  by  this  chapter  given  control  or  jurisdiction. 

No  personal  liability. 

§  1 196.  No  member,  officer,  or  agents  of  said  department 
of  health,  and  no  person  or  persons  other  than  the  departmeni 
of  health  or  the  city  itself  shall  be  sued  or  held  to  liability, 
for  any  act  done  or  omitted  by  either  person  aforesaid,  in  good 
faith,  and  with  ordinary  discretion,  on  behalf  of  or  under  said 
department,  or  pursuant  to  its  regulations,  ordinances,  or 
health  laws.  And  any  person  whose  property  may  have  been 
unjustly  or  illegally  destroyed  or  injured,  pursuant  to  any 
order,  regulation,  or  ordinance,  or  action  of  said  department 
of  health  or  its  officers,  for  which  no  personal  liability  may 
exist,  as  aforesaid,  may  maintain  a  proper  action  against  the 
city  for  the  recovery  of  the  proper  compensation  or  damage. 
Every  such  suit  must  be  brought  within  six  months  after  the 
cause  of  action  arose,  and  the  recovery  shall  be  limited  to  the 
damages  suffered. 

Orders  of  the  board. 

§  1 197.  The  board  of  health.  If  It  shall  consider  the  public 
health  or  interests  so  to  require,  may  execute  orders  through 
its  own  officers  or  agents,  and  means  to  be  engaged  by  the 
board  of  health.  Whatever  expenses  said  board  of  health 
may  lawfully  and  properly  incur  in  the  execution  of  any  order, 
resolution  or  judgment  aforesaid,  or  in  executing,  or  in  con- 
nection with  its  own  orders,  made  in  good  faith,  or  in  and 
about  the  discharge,  in  good  faith,  of  its  duties,  or  in  satis- 
fying any  liability  or  judgment  it  may  have  in  good  faith 
incurred  or  suffered  by  reason  of  its  acts,  done  in  good  faith, 
as  aforesaid,  or  in  satisfying  any  claim  against  its  officers  or 
subordinates,  arising  from  their  acts  in  the  discharge,  in  good 
faith,  of  their  respective  duties,  shall,  so  far  as  established, 
be  paid  out  of  the  fund  or  other  moneys  of  the  department  of 
health. 


CHAKTER  OF  NEW  YORK  CITY. 


511 


Execution  may  be  compelled. 

§  1 198.  All  orders  duly  made  by  any  of  the  departments 
of  health,  or  boards  of  health,  or  health  and  sanitary  author- 
ities or  officers,  to  which  said  department  succeeded,  and  by 
their  terms  or  necessary  legal  effect,  to  b'Q  executed  in  The 
City  of  New  York,  may  be  executed,  and  the  execution  thereof 
compelled,  and  the  execution  of  such  of  them  as  are  partly 
executed  may  be  compelled  by  the  department  of  health;  and 
the  said  orders  may  be  severally  rescinded  or  modified  by  said 
departm.ent,  with  like  effect,  as  could  have  been  done  by  the 
department,  board  of  health,  or  sanitary  authority  existing  at 
the  time  the  said  orders  were  severally  made.  The  said 
department  may  discharge  all  liens  upon  real  estate  in  The 
City  of  New  York,  created  by  any  board  of  health  or  sanitary 
authorities  above  mentioned,  or  created  in  proceedings  insti- 
tuted by  the  metropolitan  board  of  health,  or  the  department 
of  health,  which  succeeded  thereto,  in  the  same  manner  and 
for  the  same  causes  that,  by  laws  existing  January  first,  eighteen 
hundred  and  seventy,  they  could  be  discharged  by  the  metro- 
politan board  of  health. 

Right  of  inspection. 

§  1 199.  It  is  hereby  made  the  duty  of  all  departments,  offi- 
cers, and  agents,  having  the  control,  charge  or  custody  of  any 
public  structure,  work,  ground,  or  erection,  or  of  any  plan, 
description,  outline,  drawing  or  charts  thereof,  or  relating 
thereto,  made,  kept,  or  controlled  under  any  public  authority, 
to  permit  and  facihtate  the  examination  and  inspection,  and 
the  making  of  copies  of  the  same  by  any  officer  or  person, 
thereto,  by  said  department  of  health  authorized. 

Complaint  book. 

§  1200.  The  board  of  health  shall  cause  to  be  kept  a  general 
complaint  book,  or  several  such  books,  in  Avhich  shall  be 
entered  any  complaint  of  a  sanitary  nature  with  the  name  and 
residence  of  the  complainant,  the  names  of  the  person  or 
persons  complained  of,  and  the  date  of  the  entry  of  the  com- 
plaint, and  suggestions  of  any  appropriate  remedy  and  said 
books  shall  be  open  to  all  reasonable  pubHc  examination, 
regulated  in  all  respects  as  said  board  may  deem  proper  and 
for  the  public  service,  and  the  board  of  health  shall  cause  the 
facts  in  regard  to  such  complaints  to  be  investigated,  and  the 
appropriate  remedy  to  be  apphed. 


512 


LAWS  OF  NEW  YORK. 


Duties  of  owners,  lessees  and  occupants. 

§  1 20 1.  It  is  hereby  declared  to  be  the  duty  of  every  owner 
and  part  owner  and  person  interested,  and  of  every  lessee, 
tenant,  and  occupant  of,  or  in  any  place,  water,  ground,  room, 
stall,  apartment,  building,  erection,  vessel,  vehicle,  matter,  and 
thing  in  said  city,  and  of  every  person  conducting  or  inter- 
ested in  business  therein  or  thereat,  and  of  every  person  who 
has  undertaken  to  clean  any  place,  ground  or  street  therein, 
and  of  every  person,  public  officer  and  department  having 
charge  of  any  ground,  place,  building  or  erection  therein,  to 
keep,  place  and  preserve  the  same  and  every  part,  and  the 
sewerage,  drainage  and  ventilation  thereof  in  such  condition 
and  to  conduct  the  same  in  such  manner  that  it  shall  not  be  a 
nuisance  or  be  dangerous  or  prejudicial  to  life  or  health. 

Police  department  assistance. 

§  1202.  It  shall  be  the  duty  of  the  police  department  and  of 
its  officers  and  men,  as  said  department  shall  direct,  to 
promptly  advise  the  department  of  health  of  all  threatening 
dangers  to  human  life  or  health,  and  of  all  matters  thought  to 
demand  its  attention,  and  to  regularly  report  to  said  board  of 
health  all  violations  of  its  rules,  and  of  sanitary  ordinances, 
and  of  the  health  laws,  and  all  useful  sanitary  information. 
And  said  last-named  departments  shall,  as  far  as  practicable 
and  appropriate,  co-operate  for  the  promotion  of  the  public 
health  and  the  safety  of  human  life  in  the  city.  And  it  shall 
be  the  duty  of  the  police  department  and  the  police 
commissioner,  by  and  through  its  proper  officers,  agents  and 
men,  to  faithfully,  and,  at  the  proper  time,  enforce  and  exe- 
cute the  sanitary  rules  and  regulations  and  the  orders  of  said 
board  of  health,  made  pursuant  to  the  powers  of  said  board  of 
health,  upon  the  same  being  received  in  writing  and  duly  au- 
thenticated, as  said  board  of  health  may  direct.  And  said 
police  commissioner  is  authorized  to  employ  appro- 
priate persons  and  means,  and  to  make  the  necessary  and 
appropriate  expenditures,  for  the  execution  and  enforcement 
of  said  rules,  orders  and  regulations;  and  such  expenditures, 
so  far  as  the  same  may  not  be  refunded  or  compensated  by  the 
means  herein  elsewhere  provided,  shall  be  paid  as  the  other 
expenses  of  said  board  of  health  are  paid.  And  in  and  about 
the  execution  of  any  order  of  the  board  of  health  or  of  the 
police  commissioner,  made  pursuant  thereto,  police  officers 
and  policemen  shall  have  as  ample  power  and  authority  as 
Avhen  obeying  any  order  of  or  law  applicable  to  the  police 


CnARTER  OF  NEW  YORK  CITY, 


5.13 


commissioner,  but  for  their  conduct  shall  be  responsible  to 
the  police  commissioner  and  not  to  the  board  of  health. 

Sanitary  company  of  police.  ' 

§  1202a.  The  board  of  health  shall  make  requisition  upon 
the  pohce  commissioner  for  the  detail  of  not  more  than  fifty 
suitable  officers  and  men  of  at  least  five  years'  service  in  the 
poHce  force,  who  shall  be  selected  for  their  pecuUar  fitness, 
for  the  enforcement  of  the  provisions  of  the  sanitary  code. 
These  officers  and  men  shall  be  detailed  to  such  service 
by  the  police  commissioner  and  the  department  of 
health  shall  pay  to  the  police  department  monthly,  the 
amount  of  the  pay  of  the  officers  and  men  so  detailed,  who 
shall  belong  to  the  sanitary  company  of  the  police  and  shall 
report  to  the  board  of  health.  The  board  of  health  may  re- 
port back  to  the  police  commissioner  for  punishment,  any 
member  of  said  company  guilty  oi  any  breach  of  orders  or  dis- 
cipline, or  of  neglecting  his  duty,  and  thereupon  the  police 
commissioner  shall  detail  another  officer  or  man  in  his  place, 
and  the  discipline  of  the  said  members  of  the  sanitary  com- 
pany shall  be  in  the  jurisdiction  of  the  police  department;  but 
at  any  time  the  board  of  health  may  object  to  the  efficiency 
of  any  member  of  said  sanitary  company  and  thereupon  an- 
other officer  or  man  shall  be  detailed  in  his  place. 

Coroners'  returns. 

§  1203.  The  department  of  health  may,  from  ti'me  to  time, 
fix  and  define  the  time  of  making,  and  the  form  of  returns  and 
reports  to  be  made  to  said  department  by  the  coroners  of  The 
City  of  New  York,  in  all  cases  of  post-mortem  inquests,  or 
viewing  of  dead  bodies  held  by  them  or  any  of  them ;  and  the 
said  coroners  are  hereby  required  to  conform  to  the  directions 
of  said  department  in  the  premises,  and  it  shall  be  the  dut}^  of 
every  coroner  at  once,  and  before  holding  any  inquest,  upon 
being  called  upon  to  hold  an  inquest  as  aforesaid,  or  notified 
thereof,  to  immediately  transmit  and  cause  to  be  delivered  to 
the  secretary  of  said  department  of  health,  written  notice  of 
the  fact  of  such  call,  in  which  shall  be  stated  every  particular 
then  known  to  said  coroner  as  to  said  call,  the  body,  the  place 
where  it  is  and  the  reported  cause  of  de^th.  If  at  any  time 
said  department,  or  the  sanitary  superintendent,  shall  deem 
the  protection  of  the  public  health  to  demand,  it  may,  so  soon 
as  the  coroner's  jury  or  physician  may  have  viewed  the  dead 
body,  and  an  autopsy  thereof  shall  have  been  made,  provided 


514 


LAWS  OF  NEW  YORK. 


the  coroner  deems  the  same  necessary,  order  the  immediate 
burial  of  any  dead  body,  or  if  he  or  it  deems  that  the  pubHc 
health  demands  an  immediate  removal  of  said  body  from  the 
place  of  death  to  another  place  for  inquest,  may  likewise,  at 
any  time,  order  said  removal,  and  shall  have  power  to  cause 
said  orders  to  be  obeyed  and  executed. 

Removal  of  dead  bodies. 

§  1204.  It  shall  be  the  duty  of  the  department  of  health  to 
grant  a  permit  for  the  removal  of  the  body  of  any  deceased 
person  from  the  city,  which  has  not  been  buried,  upon  receiv- 
ing a  certificate  of  the  death  of  said  person,  made  in  accord- 
ance with  its  rules.  It  may  grant  a  permit  for  the  removal 
of  the  remains  of  any  person  interred  within  the  city  to  a 
place  without  the  same,  on  the  application  of  a  relative  or 
friend  of  such  person,  when  there  shall  appear  to  be  no  just 
objection  to  the  same. 

Removal  of  night  soil  and  offal. 

§  1205.  The  board  of  health  shall  have  full  and  exclusive 
power  and  authority  over  the  removal  of  night  soil,  and  in 
the  removal  of  dead  animals,  offal,  night  soil,  blood,  bones, 
tainted  or  impure  meats,  and  other  refuse  matter  from  said 
city.  It  is  hereby  charged  with  the  duty  of  causing  the  re- 
moval of  the  same  daily,  from  the  thickly  populated 
districts,  or  as  often  as  may  be  necessary  elsewhere, 
and  of  keeping  the  said  city  clean  from  all  matter  of  nuisance 
of  a  similar  kind.  The  department,  bureau,  or  city  oflficer  of 
authority  or  authorities  who  shall  from  time  to  time  have 
the  management  and  control  of  the  pubHc  docks,  piers,  and 
slips  in  said  city,  may,  with  the  consent  of  the  commissioners 
of  the  sinking  fund,  designate  and  set  apart  for  the  use  of 
the  department  of  health  of  said  city,  suitable  and  sufHcient 
slips,  docks,  piers  and  berths  in  slips,  located  as  the  said  de- 
partment of  health  may  require,  and  such  as  should  be  con- 
venient and  necessary  for  its  use  in  executing  the  duty  hereby 
imposed  upon  said  department  of  health,  excepting  the  sHps, 
docks  and  piers  on  the  East  river  set  apart  for  the  use  of 
canal  boats. 

Id.;  contracts  for. 

§  1206.  The  board  of  health  is  authorized  to  malce  con- 
tracts with  any  responsible  person  or  persons  for  the  re- 
moval of  said  offal,  dead  animals,  night  soil,  and  other  refuse 


CHARTER  OF  NEW  YORK  CITY. 


matter  from  The  City  of  New  York,  and  to  require  and 
receive  security  in  such  form  and  amount  as  the  said  board 
may  approve,  for  the  faithful  performance  by  the  person  or 
persons  aforesaid,  to  whom  such  contracts  may  by  the  said 
board  of  heaUh,  be  in  its  discretion,  awarded,  of  all  and  each 
of  the  provisions  of  such  contracts  on  his  or  their  part.  The 
place  or  places  of  reception  and  deposit  of,  and  to  which 
such  offal,  dead  animals,  night  soil  and  other  refuse  matter 
may  be  conveyed,  may,  from  time  to  time,  be  designated, 
and  may  be  ordered  changed  by  the  board  of  health. 

Putrid  cargoes  may  be  destroyed. 

§  12 lo.  The  board  of  health,  when  it  shall  judge  it  neces- 
sary, may  cause  any  cargo,  or  part  of  cargo,  or  any  matter, 
or  any  thing  within  the  city  that  may  be  putrid  or  otherwise 
dangerous  to  the  public  health,  to  be  destroyed  or  removed : 
such  removal,  when  ordered,  shall  be  to  the  place  of  deposit 
of  offal,  dead  animals,  and  refuse  matter,  or  such  other  place 
as  the  board  of  health  shall  direct ;  such  removal  or  destruc- 
tion shall  be  made  at  the  expense  of  the  owner  or  owners  of 
the  property  so  removed  or  destroyed,  and  the  same  may  be 
recovered  from  such  owner  or  owners,  in  an  action  at  law, 
by  said  board  of  health. 

Paving  and  draining  yards  and  cellars;  filling  sunken  lots;  drainage 
and  maps. 

§  121 5.  No  order  for  the  paving,  filling,  concreting,  drain- 
ing or  regulating  of  any  yards  or  cellars  within  the  city  shall 
be  made  except  upon  reasonable  notice  to  the  owner  or 
agent  thereof.  No  order  for  the  filling  of  any  sunken  lots 
within  the  city  shall  be  made  except  upon  fifteen  days'  no- 
tice to  the  owner  or  agent  thereof.  No  order  shall  be  made 
in  any  of  the  cases  heretofore  mentioned  in  this  section  until 
after  a  reasonable  opportunity  to  be  heard  before  the  com- 
missioner of  health  has  been  given  to  the  owner  or  his  agent, 
and  in  every  such  case  the  board  of  health  shall  furnish 
promptly  upon  application  by  the  ow^ner  or  occupant  of  any 
lot,  building,  house  or  other  structure,  the  name  of  the  sani- 
tary inspector  making  the  complaint.  Whenever  in  the 
opinion  of  the  board  of  health  the  protection  of  the  public 
health  requires  the  drainage  of  any  lands  in  the  city,  by 
means  other  than  sewers,  the  said  board  may  make  an  order 
describing  the  location  of  such  lands,  and  directing  the  proper 
drainage   thereof,    and    construction   of    drains  therefor, 


516 


LAWS  OF  NEW  YORK. 


by  the  president  of  the  borough  where  such  drain- 
age is  so  required.  The  board  of  health  shall  thereupon 
cause  a  map  to  be  made,  whereon  shall  be  shown  the  location 
of  such  proposed  drains,  and  the  lands  required  for  the  con- 
struction thereof.  Such  order  shall  be  entered  at  length  in 
the  records  of  such  department  of  health,  and  such  map  shall 
be  filed  in  said  department;  a  copy  thereof  shall  be  filed  in 
the  office  of  the  registrar  or  county  clerk  of  the  county  in 
which  the  lands  are  situated.  The  board  of  health  shall 
'cause  another  copy  of  said  map,  together  with  a  copy  of  such 
order,  to  be  delivered  to  the  president  of  the  borough, 
where  such  drainage  is  required,  who  shall,  by  such  order  be 
required  to  construct  such  drains,  and  the  said  president,  with 
whom  a  copy  of  the  said  map  and  order  shall  be  so  filed,  shall 
immediately  thereafter  have  the  power,  and  is  hereby  directed 
to  make  and  adopt  proper  and  suitable  plans  for  the  con- 
struction of  such  drains. 

Acquisition  of  rights  in  lands. 

§  I2i6.  It  shall  be  the  duty  of  such  borough  president, 
upon  the  receipt  of  such  map  and  order,  and  im- 
mediately after  he  has  made  and  adopted  suitable 
plans  for  such  drains,  through  the  corporation  counsel  of 
said  city,  to  take  immediate  and  proper  proceedings  for  the 
acquirement  of  a  right  of  way  over,  under,  or  through  the 
lands  shown  upon  said  map  to  be  necessary  for  such  drains, 
and  it  shall  be  the  duty  of  such  corporation  counsel  imme- 
diately to  take  such  proceedings  and  conduct  them  to  a 
speedy  determination. 

Id.;  proceedings  therein. 

§  12 1 7.  The  right  of  way  over,  under  or  through  the  lands 
so  required  for  such  drains  shall  be  taken  and  acquired  in  the 
manner  required  by  law  for  acquiring  title  to  lands  in  said 
city  to  be  used  as  public  streets.  Provided,  however,  that  the 
time  or  times  provided  in  such  law  for  the  giving  or  publica- 
tion of  any  notice  shall  for  the  purposes  of  this  section,  be 
reduced  one-half,  and  the  time  for  the  sitting  of  the  commis- 
sioners of  estimate  and  assessment  to  hear  objections  to  their 
report  is,  for  the  purposes  of  this  section,  hereby  made  two 
days  in  the  place  of  ten  days.  Any  maps,  plans  or  surveys, 
that  may  be  required  for  the  use  of  the  commissioners  of  esti- 
mate and  assessment  to  be  appointed  in  such  proceeding,  shall 
be   furnished   by   the   borough   president   charged  with 


CHARTER  OF  NEW  YORK  CITY.  517 


the  construction  of  the  drains  and  shall  be  prepared 
and  made  by  surveyors  in  the  regular  and  stated 
employment  of  such  borough  president;  neither  the 
expense  of  such  surveys,  nor  any  other  expenses  other  than 
the  fees  of  the  commissioners  of  estimate  and  assessment, 
attending  the  proceeding,  and  their  necessary  disbursements 
for  clerical  services  in  carrying  out  the  provisions  of  this  sec- 
tion, which  clerical  expenses  shall  not  exceed  the  sum  of  two 
hundred  and  fifty  dollars,  and  also  for  advertising,  printing 
or  posting  any  notices  required  by  law,  and  for  any  other 
necessary  incidental  expense  a  sum,  not  exceeding  one  hundred 
dollars,  shall  be  included  in  the  assessment  that  may  be  made 
by  such  commissioners  of  estimate  and  assessment.  The 
corporation  counsel  shall  not  be  entitled  to  any  compensation 
for  services  to  be  rendered  by  him  in  such  proceeding  other 
than  his  stated  salary.  The  commissioners  shall  each  be  enti- 
tled to  receive  the  following  rates  as  compensation  for  their 
services  in  full :  Where  the  drain  to  be  constructed  is  five  hun- 
dred feet  or  under  in  length,  the  sum  of  twenty-five  dollars; 
where  the  drain  exceeds  five  hundred  feet  in  length,  twenty- 
five  dollars,  and  in  addition  thereto  five  cents  per  foot  for  each 
running  foot  of  drain  in  excess  of  five  hundred  feet,  but  the 
compensation  of  each  commissioner  shall  in  no  case  exceed 
two  hundred  and  fifty  dollars. 

Id.;  confirmation  of  report  of  commissioners,  construction  and 
taxation. 

§  12 18.  Upon  the  confirmation  of  the  report  of  the  commis- 
sioners of  estimate  and  assessment  by  the  court,  the  president 
of  the  borough  within  which  such  lands  are  located  shall  have 
the  power,  and  he  is  hereby  directed  to  immediately  make  and 
construct  said  drains.  The  necessary  cost  of  such  drains, 
together  with  necessary  expenses  of  levying  the  assessment 
therefor,  shall  be  levied,  assessed  and  collected,  as  provided  by 
section  one  hundred  and  seventy-nine  of  this  act. 

Measures  to  prevent  the  spread  of  disease. 

§  1219.  It  shall  be  the  duty  of  the  board  of  health:  • 
I.  To  cause  any  avenue,  street,  alley  or  other  passage  what- 
ever t®  be  fenced  up  or  otherwise  inclosed,  if  it  shall  deem  the 
public  safety  requires  it,  and  to  adopt  suitable  measures  for 
preventing  all  persons  from  going  to  any  part  of  the  city  so 
inclosed. 


518 


LAWS  OF  NEW  YORK. 


2.  To  forbid  all  communication  with  the  house  or  family 
infected  with  any  contagious,  infectious  or  pestilential  disease 
except  by  'means  of  physicians,  nurses  or  messengers  to  carry 
the  necessary  advice,  medicines  and  provisions  to  the  afflicted. 

3.  To  adopt  such  means  for  preventing  all  communication 
between  any  part  of  the  city  infected  with  a  disease  of  a  pesti- 
lential, infectious  or  contagious  character  and  all  other  parts 
of  the  city,  as  shall  be  prompt  and  effectual. 

Id.;  proclamation. 

§  1220.  The  board  of  health  may  issue  a  proclamation  de- 
claring any  place  where  there  shall  be  reason  to  believe  a  pesti- 
lential, contagious  or  infectious  disease  actually  exists,  to  be 
an  infected  piace  within  the  meaning  of  the  health  laws  of  this 
state.  Such  proclamation  shall  fix  the  period  when  it  shall 
cease  to  have  effect;  but  such  period,  if  the  said  board  shall 
judge  the  public  health  to  require  it,  may,  from  time  to  time, 
be  extended  by  the  board  of  health,  and  notice  of  such  exten- 
sion shall  be  published  in  one  or  more  of  the  newspapers  of 
this  city.  The  board  of  health  may  in  its  discretion  prohibit 
or  regulate  the  internal  intercourse  by  land  or  water  between 
The  City  of  New  York  and  such  infected  place;  and  may  direct 
that  all  persons  who  shall  come  into  the  city  contrary  to  its 
prohibition  or  regulations,  shall  be  apprehended  and  conveyed 
to  the  vessel  or  place  whence  they  last  came;  or,  if  sick,  that 
they  be  conveyed  to  such  place  as  the  said  board  shall  direct. 
After  such  proclamation  shall  have  been  issued,  all  vessels 
arriving  in  the  port  of  New  York  from  such  infected  place 
shall  be  subject  to  a  quarantine  of  at  least  thirty  days  or  until 
the  period  when  such  proclamation  shall  cease  to  have  effect 
as  provided  by  the  last  preceding  section,  and  shall,  together 
with  their  officers,  crews,  passengers,  and  cargoes,  be  subject 
to  all  the  provisions,  regulations  and  penalties  in  relation  to 
vessels  subject  to  quarantine. 

Vessels  removed. 

%  1221.  The  board  of  health  shall  also  possess  and  may  exer- 
cise the  following  powers : 

I.  By  order  to  direct  any  vessellying  at  a  place  within  three 
hundred  yards  of  any  wharf,  landing  place  or  shore  of  said 
city,  and  from  which  said  board  shall  deem  it  probable  that  any 
infectious  or  contagious  disease  may  be  brought  into  said  city, 
or  communicated  to  the  inhabitants  thereof,  to  be  removed 
to  the  distance  of  at  least  three  hundred  yards  from  any  wharf, 


CHARTER  OF  NEW  YORK  CITY. 


519 


landing  place  or  shore  of  said  city,  within  six  hours  after  a 
copy  of  such  order,  certified  by  the  secretary  of  said  depart- 
ment, shall  be  delivered  to  the  person  or  persons  having  com- 
mand of  such  vessel,  or  to  the  master,  owner  or  consignee 
thereof;  and  every  such  person  or  persons,  master,  owner  or 
consignee  to  whom  such  copy  of  such  order  shall  be  delivered 
shall  forthwith  comply  with  the  same. 

2.  By  order  to  direct  to  be  removed  to  a  place  to  be  desig- 
nated by  the  board  of  health,  all  things  within  the  city,  which, 
in  its  opinion,  shall  be  infected  in  any  manner  likely  to  com- 
municate disease  to  the  inhabitants. 

Violation  of  orders,  punishment  for. 

§  1222.  Every  person  who  shall  violate,  or  neglect,  or  refuse 
to  comply  with  any  provision  contained  in  any  of  the 
last  three  sections,  or  in  the  orders  made  by  the  board  of 
health,  in  pursuance  thereof,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof,  shall  be  punished  by  a 
fine  not  exceeding  two  hundred  and  fifty  dollars,  or  imprison- 
ment not  exceeding  six  months,  or  both;  and  all  such  fines 
when  collected  shall  be  paid  to  the  comptroller.  Any  violation 
of  the  sanitary  code  shall  be  treated  and  punished  as  a  misde- 
meanor, and  the  offender  shall  also  be  liable  to  pay  a  penalty 
of  fifty  dollars,  to  be  recovered  in  a  civil  action  in  the  name 
of  the  department  of  health  of  The  City  of  New  York. 

Service  of  orders. 

§  1224.  Service  of  any  order  of  said  board  of  health  shall 
be  deemed  sufficient,  if  made  upon  a  principal  person  interested 
in  or  upon  a  principal  officer  charged  with  a  duty  in  respect 
of  the  business,  property,  matter,  or  thing,  or  the  nuisance 
or  abuse  to  which  said  order  relates ;  or  upon  a  person,  ofiicer, 
or  department,  or  one  of  the  department,  who  may  be  most 
interested  in  or  affected  by  its  execution.  If  said  order  relate 
to  any  building  or  the  drainage,  sewerage,  cleaning,  purifica- 
tion, or  ventilation  thereof,  or  of  any  lot  or  ground  on  or  in 
which  such  building  stands,  used  for,  or  intended  to  be  rented 
as  the  residence  or  lodging  place  of  several  persons,  or  as  a 
tenement-house  or  lodging-house,  service  of  such  order  on  the 
agent  of  any  person  or  persons  for  the  renting  of  such  build- 
ing, lot,  or  ground,  or  for  the  collecting  of  the  rent  thereof, 
or  of  the  parts  thereof  to  which  said  order  may  relate,  shall 
be  of  the  same  effect  and  validity  as  due  service  made  upon 


520 


LAWS  OF  NEW  YORK. 


the  principal  of  such  agent,  and  upon  the  owners,  lessees, 
tenants,  occupants  of  such  buildings,  or  parts  thereof,  or  of 
the  subject-matter  to  which  such  order  relates. 

Vaccination. 

§  1225.  For  the  purpose  of  more  effectually  preventing  the 
spread  of  smallpox  by  the  thorough  and  systematic  vaccina- 
tion of  all  unvaccinated  persons,  and  for  the  relief  of  persons 
suffering  with  diphtheria  and  other  infectious  diseases  resid- 
ing in  said  city,  the  board  of  health  is  hereby  empowered  to 
continue  or  organize  a  corps  of  vaccinators  and  of  physicians, 
within  and  subject  to  the  control  of  the  bureau  of  sanitary 
inspection,  to  appoint  the  necessary  officers,  keep  suitable 
records,  collect  and  preserve  pure  vaccine  lymph  or  virus,  and 
produce  diphtheria  antitoxine  and  other  antitoxines,  and  add 
to  the  sanitary  code  such  additional  provisions  as  will  most 
effectually  secure  the  end  in  view.  Said  board  of  health  may 
take  measures,  and  supply  agents  and  offer  inducements  and 
facilities  for  general  and  gratuitous  vaccination,  disinfection, 
and  for  the  use  of  diphtheria  antitoxine,  and  other  antitoxines, 
and  may  afford  relief  to  and  among  the  poor  of  said  city  as  in 
its  opinion  the  protection  of  the  public  health  may  require. 

Sale  of  lymph  and  antitoxine. 

§  1226.  Whenever  the  amount  of  vaccine  lymph,  or  virus 
collected  by  the  said  corps,  or  of  diphtheria  antitoxine,  and 
other  antitoxines  produced,  shall  exceed  the  amount  required 
in  the  proper  performance  of  its  duties,  the  said  board  of 
health  may  authorize  the  sale  of  such  surplus  lymph  or  virus, 
and  diphtheria  antitoxine,  and  other  antitoxines  at  reasonable 
rates,  to  be  fixed  by  the  board  of  health.  The  avails  of  such 
lymph  or  virus,  and  diphtheria  antitoxine,  and  other  antitox- 
ines, shall  be  accounted  for  and  paid  to  the  chamberlain,  and 
shall  be  set  apart  and  constitute  distinct  funds,  to  be  known 
respectively  as  "  the  fund  for  gratuitous  vaccination,"  and 
"  the  antitoxine  fund,"  and  they  shall  be  subject  to  the  requi- 
sition of  the  board  of  health  for  the  purposes  named  in  the 
preceding  section. 

Extension  of  proclamation  period. 

§  1228.  Whenever  it  shall  appear  to  the  board  of  health 
that  any  of  the  provisions  of  this  title,  limited  in  their  opera- 
tions to  a  certain  period  of  the  year,  or  designated  periods  of 
time,  ought  to  be  extended,  the  said  board  of  health  shall  issue 


CHARTER  OF  NEW  YORK  CITY. 


521 


its  proclamation  extending  such  provisions  to  such  a  time  as 
shall  be  determined  on,  and  such  provisions  shall  thereupon 
be  extended  accordingly  and  with  the  like  effect  as  if  the 
periods  mentioned  in  such  proclamation,  had  been  originally 
herein  enacted.  If  it  shall  appear  to  the  board  of  health  while 
such  proclamation  is  still  in  force,  that  the  necessity  of  ex- 
tending the  period  therein  named  has  ceased,  the  board  of 
health,  by  a  new  proclamation  declaring  that  fact,  may  revoke 
the  proclamation  issued  pursuant  to  this  section,  which  shall 
then  cease  to  have  effect. 

Definitions. 

§  1229.  The  word  nuisance,  as  used  m  this  act,  shall  be  held 
to  embrace  public  nuisance,  as  known  at  common  law,  or  in 
equity  jurisprudence;  and  it  is  further  enacted  that  whatever 
is  dangerous  to  human  life  or  detrimental  to  health ;  whatever 
building  or  erection,  or  part  or  cellar  thereof,  is  overcrowded 
with  occupants,  or  is  hot  provided  with  adequate  ingress  and 
egress  to  and  from  the  same,  or  the  apartments  thereof,  or  is 
not  sufficiently  supported,  ventilated,  sewered,  drained,  cleaned 
or  lighted,  in  reference  to  their  or  its  intended  or  actual  use; 
and  whatever  renders  the  air,  or  human  food  or  drink,  un- 
wholesome, are  also,  severally  in  contemplation  of  this  act, 
nuisances;  and  all  such  nuisances  are  hereby  declared  illegal; 
and  each  and  all  persons  and  corporations  who  created  or  con- 
tributed thereto,  or  who  may  support,  continue  or  maintain 
or  retain  them,  or  any  of  them,  shall  be  jointly  and  severally 
liable  for,  or  toward,  the  expense  of  the  abatement  and  reme- 
dying of  the  same:  but  as  between  themselves,  any  such  per- 
sons and  corporations,  may  enforce  contribution  or  collect 
expenses,  according  to  anv  legal  or  equitable  relations  existing 
between  them ;  but  nothing  herein  contained  shall  annul  or 
defeat  any  common  law  liability  or  responsibility  in  respect 
of  nuisances.  Whenever  the  words  "  place,  matter,  or  thing," 
or  either  two  of  said  words,  are  used  in  this  act,  or  in  titles 
one,  four  and  five  of  this  chapter,  they  shall,  unless  the  sense 
plainly  requires  a  different  construction,  be  construed  to  in- 
clude whatever  is  embraced  in  the  enumeration  with  which 
they  are  connected. 


522 


LAWS  OF  NEW  YORK. 


TITLE  2. 

Marriages,  Births  and  Deaths, 
Persons  solemnizing  marriages  to  Iceep  a  registry. 

§  1236.  It  shall  be  the  duty  of  the  clergymen,  magistrates 
and  other  persons  who  perform  the  marriage  ceremony  in  The 
City  of  New  York  to  keep  a  registry  of  the  marriages  cele- 
brated by  them,  which  shall  contain,  as  near  as  the  same  can 
be  ascertained,  the  name  and  surname  of  the  parties  married ; 
the  residence,  age  and  condition  of  each;  whether  single  or 
widowed. 

Births  to  be  reported. 

§  1237.  It  shall  be  the  duty  of  the  parents  of  any  child 
born  in  said  city  (and  if  there  be  no  parent  alive  that  has 
made  such  report,  then  of  the  next  of  kin  of  such  child  born), 
and  of  every  person  present  at  such  birth,  within  ten  days 
after  such  birth,  to  report  to  the  department  of  health,  in 
writing,  so  far  as  known,  the  date,  borough  and  street  num- 
ber of  said  birth,  and  the  sex  and  color  of  such  child  born, 
and  the  names  of  the  parents.  It  shall  also  be  the  duty  of 
physicians  and  professional  midwives  to  keep  a  registry  of 
the  several  births  in  which  they  have  assisted  professionally, 
which  shall  contain,  as  near  as  the  same  can  be  ascertained, 
the  time  of  such  birth,  name,  sex  and  color  of  the  child,  the 
names  and  residence  of  the  parents,  and  to  report  the  same 
within  ten  days  to  the  department  of  health. 

Deaths  to  be  reported. 

§  1238.  It  shall  be  the  duty  of  the  next  of  kin  of  any  person 
deceased,  and  of  each  person  being  with  such  deceased  per- 
son at  his  or  her  death,  to  report,  in  writing,  to  the 
department  of  health,  within  five  days  after  such 
death,  the  age,  color,  nativity,  last  occupation  and 
cause  of  death  of  such  deceased  person,  and  the 
borough  and  street,  the  place  of  such  person's  death  and 
last  residence.  Physicians  who  have  attended  deceased  per- 
sons in  their  last  illness  shall,  in  the  certificate  of  the  decease 
of  such  persons,  specify,  as  near  as  the  same  can  be  ascer- 
tained, the  name  and  surname,  age,  occupation,  term  of  resi- 
dence in  said  city,  place  of  nativity,  condition  of  life ;  whether 
single,  married,  widow  or  widower;  color,  last  place  of  resi- 
dence and  direct  and  indirect  cause  of  death  of  such  deceased 


CHARTER  OF  NEW  YORK  CITY. 


523 


persons,  and  the  coroners  of  the  city,  in  such  cases  as  an  in- 
quest may  have  been  held,  shall,  in  their  certificates,  con- 
form to  the  requirements  of  this  section. 

Penalty  for  failure  to  report  marriages  and  births  to  the  department 
of  health. 

§  1239.  For  every  omission  of  any  person  to  make  and 
keep  the  registry  of  marriages  and  births  required  by  the 
preceding  sections,  and  for  every  omission  to  report  a  writ- 
ten copy  of  the  same  to  said  department  of  health,  within 
ten  days  after  any  birth  or  marriage  provided  to  be  regis- 
tered, and  for  every  omission  to  make  the  report  of  any 
death,  birth  or  marriage,  the  person  guilty  of  such  omission 
shall  be  guilty  of  a  misdemeanor  ;  and,  in  addition  thereto, 
the  ofifender  shall  also  be  liable  to  pay  a  fine  of  one  hundred 
dollars,  to  be  recovered  in  the  name  of  the  department  of 
health  of  The  City  of  New  York,  before  any  justice  or  tri- 
bunal in  said  city  having  jurisdiction  of  civil  actions.  But  no 
person  shall  be  liable  for  such  fine,  or  subject  to  arrest  and 
imprisonment  for  not  making  the  report  herein  required,  if 
such  report  has  been  made  by  any  other  person,  or  if  an  ex- 
cuse is  presented  to  the  commissioner  of  health  for  such 
omission  which  the  said  commissioner  shall  decide  to  be  suffi- 
cient, in  which  event  the  said  commissioner  of  health  is 
hereby  empowered  to  excuse  the  said  omission. 

Record  of  births,  marriages  and  deaths. 

§  1240.  The  department  of  health  shall  keep  a  record  of 
the  births,  marriages  and  deaths  reported  to  it;  the  births 
shall  be  numbered  and  recorded  in  the  order  in  which  they 
are  received  by  it;  and  the  record  of  births  shall  state,  in  sep- 
arate columns,  the  place  and  date  of  birth,  the  name,  sex 
and  color  of  the  child,  the  names  and  residence  of  the  par- 
ents, as  fully  as  they  have  been  received,  and  the  time  when 
the  record  was  made.  The  marriages  shall  be  numbered 
and  recorded  in  the  order  in  which  they  are  received  by  the 
department;  and  the  record  thereof  shall  state,  in  separate 
columns,  the  date  of  marriage,  name,  residence,  and  official 
station,  if  any,  of  the  persons,  by  whom  married,  the  names 
and  surnames  of  the  parties,  age,  the  color  and  condition  of 
each;  whether  single  or  widowed,  and  the  time  when  the 
record  was  made.  The  deaths  shall  be  likewise  numbered 
and  recorded;  and  the  record  thereof  shall  state,  in  separate 
columns,  as  far  as  the  same  is  reported,  the  date  of  decease, 


524 


LAWS  OF  ]S^EW  YOKK. 


name  and  surname,  condition,  whether  single,  married  or 
widowed,  age,  place  of  birth,  place  of  death,  occupation, 
names  of  the  parents  when  an  infant  without  name;  disease, 
direct  or  indirect  cause  of  death,  color,  and  last  place  of  resi- 
dence of  such  deceased  person,  and  the  time  when  the  record 
was  made.  Said  department  shall  perform  all  the  duties  of 
this  section  imposed,  as  a  part  of  its  regular  duties,  and  no 
fees  shall  be  demanded  or  received  by  reason  thereof. 

Registration  of  births  not  previously  recorded. 

§  1 241.  The  births  of  the  children  of  actual  residents  of 
The  City  of  New  York,  which  may  have  occurred  during  the 
temporary  absence  of  the  parents  of  such  children  from  The 
City  of  New  York,  and  the  births  of  children  which  failed  to 
be  recorded  through  the  neglect  of  the  physician  or  other 
medical  attendant  present  at  such  birth,  may  be  recorded  in 
the  bureau  of  records  of  the  health  department  of  said  city, 
in  a  special  book,  to  be  kept  for  such  purpose,  upon  the  ap- 
plication in  such  behalf  by  the  parents  or  guardians  of  such 
children.  Such  application  shall  be  made  to  the  com- 
missioner of  health,  and  shall  be  accompanied  by  a  cer- 
tificate of  the  physician  or  midwife  attending  professionally 
at  such  birth,  and  personally  cognizant  thereof,  together  with 
the  affidavit  of  at  least  two  citizens,  certifying  to  their  knowl- 
edge of  the  facts,  and  that  the  physician  or  midwife  making 
such  certificate  of  birth  is  a  reputable  person  in  good  stand- 
ing in  the  community  in  which  he  or  she  may  reside.  No 
change  or  alteration  shall,  at  any  time,  be  made  in  any  of 
the  records  of  the  said  bureau  of  records  in  said  city,  without 
proof  satisfactory  to  and  upon  the  approval  of  the  said 
commissioner  of  health.  Transcripts  of  any  record  in  sa^'d 
bureau  of  records  may  be  given,  in  the  discretion  of  the 
department  of  health,  to  a  parent  or  the  next  of  kin  of  any 
person  authorized  to  apply  for  the  same,  but  no  transcripts 
of  false  or  fraudulent  returns  made  to  the  said  bureau,  nor 
of  the  entries  thereof,  shall  be  given;  and  they  shall  be  can- 
celed upon  due  proof  of  the  facts  to  the  department  of 
health.  Transcripts  of  these  records  when  required  shall  be 
on  such  forms  as  the  commissioner  of  health  may  prescribe, 
and  for  them  the  usual  fees  for  copies  of  records  may  be  re- 
ceived. 


CHAKTER  OF  NEW  YORK  CITY. 


625 


TITLE  3. 

Duties  of  Physicians  and  Others. 
Report  of  pestilential,  infectious  and  contagious  diseases;  deaths. 

§  1247.  It  shall  be  the  duty  of  each  and  every  practicing 
physician  in  The  City  of  New  York: 

1.  Whenever  required  by  the  department  of  health  to  report 
to  said  department,  at  such  times,  in  such  forms  and  in  refer- 
ence to  such  diseases  as  said  department  may  prescribe,  the 
number  of  persons  attacked  with  any  pestilential,  contagious  or 
infectious  disease  attended  by  such  physician  for  the  twenty- 
four  hours  next  preceding,  stating  the  name  of  such  patient, 
and  the  name  and  place  where  he  shall  then  be ;  and  the  number 
of  persons  attended  by  such  physician,  who  shall  have  died  in 
said  city,  during  the  twenty-four  hours  next  preceding  such 
report,  of  any  such  pestilential,  contagious  or  infectious  dis- 
ease. 

2.  To  report,  in  writing,  to  the  said  department  every 
patient  he  shall  have  laboring  under  any  such  pestilential,  con- 
tagious, or  infectious  disease,  and  within  twenty-four  hours 
after  he  shall  ascertain  or  suspect  the  nature  of  the  disease. 

3.  To  report  to  the  said  department  when  required  by  it,  the 
death  of  any  of  his  patients  who  shall  have  died  of  disease 
within  twenty-four  hours  thereafter,  and  to  state  in  such  report 
the  specific  name  and  type  of  such  disease. 

Affidavit  may  be  required. 

§  1248.  The  department  of  health  may  require  of  any  physi- 
cian not  less  than  three  hours  after  service  of  a  demand  thereof 
upon  him,  an  affidavit,  stating  therein  whether  he  has  or  has 
not  any  patient,  who,  in  his  opinion,  shall  then  be  sick  of  such 
a  pestilential,  contagious  or  infectious  disease,  and  if  he  has 
any  such  patient,  to  state  in  such  affidavit  his  or  her  name,  and 
the  house  or  place  in  said  city  where  he  or  she  shall  then  be, 
and  the  nature  or  name  of  such  disease,  to  the  best  of  his 
knowledge  and  belief. 

Penalty  for  failing  to  report. 

§  1249.  Every  practicing  physician  who  shall  refuse  or 
neglect  to-  perform  the  duties  enjoined  on  him  by  the  fore- 
going section  shall  be  considered  guilty  of  a  misdemeanor,  and 
shall  also  forfeit  for  each  offense  the  sum  of  two  hundred  and 
fifty  dollars,  to  be  sued  for  and  recovered  by  the  department 
of  health. 


526 


LAWS  OF  NEW  YORK. 


Boarding  and  lodging  house  keepers  may  be  required  to  report. 

§  1250.  Every  person  keeping  a  boarding  or  lodging  house 
in  the  city,  shall,  whenever  required  by  the  department  of 
health,  report,  in  writing,  to  the  department  the  name  of  every 
person  who  shall  be  sick  in  his  house  within  twelve  hours  after 
each  case  of  sickness  shall  have  occurred. 

Masters,  etc.,  of  vessels  to  report. 

§  125 1.  Every  master,  owner  or  consignee  of  a  vessel  lying 
at  a  wharf,  or  in  the  harbor  of  The  City  of  New  York,  shall 
make  a  like  report,  and  within  the  same  period,  of  the  name 
of  every  sick  person  on  board  of  such  vessel;  and  no  person 
shall  be  removed  therefrom  without  a  written  permit  for  that 
purpose  from  the  department  of  health. 

TITLE  4. 

Legal  Proceedings  and  Punishment  for  Disobedience  of  Or- 
ders and  Ordinances. 

Order  for  examination  before  justice  of  supreme  court. 

§  1257.  Any  justice  of  the  supreme  court  of  the  first  or 
second  department,  or  who  is  holding  court  or  chambers 
therein,  upon  the  written  application  of  the  commis- 
sioner of  health,  may  issue  his  order  by  him  subscribed,  for 
the  examination  without  unreasonable  delay  by  or  before  such 
justice  of  any  person  or  persons,  and  the  production  of  books 
or  papers,  or  the  inspection  and  taking  of  copies  of  the  whole 
or  parts  thereof,  at  a  time  and  place  within  said  city,  and  in 
said  order  to  be  named,  provided  it  shall  appear  to  the  satis- 
faction of  said  justice  or  court  that  any  matter  or  point  affect- 
ing life  or  health  is  involved;  and  it  shall  be  the  duty  of  such 
justice  to  take  or  superintend  such  examination,  which  shall 
be  under  oath,  and  shall  be  signed  by  the  party  or  parties  exam- 
ined, and  be  certified  by  said  justice,  and  with  any  copies  of 
books  or  pape;rs,  to  be  delivered  to  said  health  department  for 
the  use  of  said  department.  And  such  examination,  and  any 
proceeding  connected  therewith,  or  under  said  order,  may 
wholly  or  in  part  be  had,  conducted  or  continued  by  or  before 
any  other  of  said  justices,  as  well  as  that  one  who  made  said 
order;  and  in  and  about  the  same,  every  such  justice  shall  have 
as  full  power  and  authority  to  punish  for  contempt,  and  enforce 
obedience  to  his  said  or  other  order  or  directions  respecting 
the  matter  aforesaid  (or  that  of  any  other  judge)  as  any  such 


CHARTER  OF  NEW  YORK  CITY. 


527 


justice  of  the  supreme  court  may  now  have,  or  shall  possess, 
to  enforce  obedience  or  punish  contempt  in  any  case  or  matter 
whatever.  Such  appHcation  shall  name  or  describe  the  person 
or  persons  whose  examination  is  sought,  and  so  far  as  possible 
the  books  or  papers  desired  to  be  inspected,  and  the  matters 
or  points  affecting  life  or  health  as  to  which  the  com- 
missioner of  health  requests  the  examination  to  take  place,  and 
the  justice  shall,  on  the  proceedings,  decide  what  questions  are 
pertinent  and  allowable  in  respect  thereto,  and  shall  require 
the  same  to  be  properly  answered;  but  no  answer  of  any  person 
so  examined  shall  be  used  in  any  criminal  proceeding.  Service 
of  any  order  of  any  such  justice  may  be  made,  and  the  same 
proved  in  the  same  manner  as  the  service  of  either  an  injunc- 
tion or  of  a  subpoena.  And  it  shall  be  the  duty  of  said  justice 
to  facilitate  the  early  determination  of  the  aforesaid  proceed- . 
ings. 

Appearance  and  examination  of  witnesses. 

§  1258.  Upon  the  application  of  any  party  in  interest  in  any 
matter  pending  examination  before  said  department  of  health, 
by  affidavit,  stating  the  grounds  of  such  application,  to  any 
judge  of  a  court  of  record,  and  asking  that  any  person  or  per- 
sons therein  named  shall  appear  before  said  department  of 
health,  or  any  person  taking  or  about  to  take  such  examina- 
tion, at  some  time  or  times  and  place  to  be  stated  in  the  said 
affidavit,  it  shall  be  the  duty  of  such  judge,  if  he  shall  discover 
reasonable  cause  so  to  -do,  to  issue  his  order  requiring  such 
person  or  persons  named  to  appear  and  submit  to  such  exam- 
ination as,  and  to  the  extent,  such  order  may  state,  at  the  time 
and  place  to  be  in  said  order  named :  and  such  order,  signed  by 
such  judge,  may  be  served,  and  shall  in  all  respects  be  obeyed 
as  a  subpoena  duly  issued :  and  a  refusal  to  submit  to  the  proper 
examination  may  be  punished  by  such  judge  or  by  any  judi^^e 
of  such  court  as  a  contempt  of  court,  upon  the  facts  as  to  such 
refusal  being  brought  before  any  such  judge  by  affidavit. 

The  health  department  as  party  plaintiff  and  defendant. 

§  1259.  In  all  actions  and  proceedings  heretofore  com- 
menced and  now  pending,  against  either  of  the  cities  of  New 
York.  Brooklyn  or  Long  Island  City  or  the  town  authorities 
and  public  officers  in  Kings,  Richmond  counties  and  the  part 
of  Queens  county,  now  to  form  a  part  of  The  City  of  New 
York,  or  acrainst  the  department  of  health,  board  of  health  or 
sanitary  officers  in  any  part  of  said  territory,  in  which  any 


528 


LAWS  OF  NEW  YORK. 


action,  order,  regulation,  ordinance  or  proceeding  of  any  oi 
the  health  departments,  boards  of  health  or  sanitary  officers 
thereof,  is  called  in  question  or  made  the  subject  of  the  action 
or  proceeding,  the  department  of  health  of  The  City  of  New 
York  shall  have  the  right  to  appear,  answer  and  take  part; 
and  in  all  such  actions  and  proceedings  hereafter  commenced 
the  said  health  department  shall  be  a  necessary  party,  and  have 
the  right  to  appear  and  to  take  part  therein.  The  said  depart- 
ment may  institute  and  maintain  all  suits  and  proceedings 
which  are  reasonable,  necessary  and  proper,  to  carry  out  the 
provisions  of  the  laws  under  which  the  said  department  acts, 
and  may  sue  and  be  sued  by  the  proper  name  of  the  depart- 
ment of  health  of  The  City  of  New  York. 

Injunctions  when  not  to  be  granted  against  department. 

§  1260.  No  preliminary  injunction  shall  be  granted  against 
the  department  of  health,  or  its  officers,  except  by  the  supreme 
court,  at  a  special  term  thereof  after  service  of  at 
least  five  days'  notice  of  a  motion  for  such  injunc- 
tion, together  with  copies  of  the  papers  on  which  the  motion 
for  such  injunction,  is  to  be  made.  Whenever  said  depart- 
ment shall  seek  any  provisional  remedy,  or  shall  prosecute  any 
appeal,  it  shall  not  be  necessary  before  obtaining  or  prosecut- 
ing the  same  to  give  any  undertaking. 

Proceedings  presumed  legal. 

§  1 26 1.  In  all  judicial  proceedings  the  actions,  proceedings, 
authority,  and  orders  of  said  department  shall  at  all  times  be 
regarded  as  in  their  nature  judicial,  and  be  treated  as  prima 
facie  just  and  legal.  In  any  suit,  the  right  of  said  department 
or  the  police  department  to  make  any  order,  or  cause  the  exe- 
cution thereof,  shall  be  presumed. 

Violation  of  department  orders,  actions  for, 

§  1262.  Whoever  shall  violate  any  provisions  of  this  chap- 
ter, or  any  order  of  said  department  made  under  the  authority 
of  the  same,  or  by  any  law  or  ordinance  therein  referred  to, 
or  shall  obstruct  or  interfere  with  any  person  in  the  execution 
of  any  order  of  said  department,  or  any  order  of  the  police 
department  in  pursuance  or  execution  of  the  orders  of  the 
department  of  health,  or  wilfully  omit  to  obey  any  such  order, 
shall  be  guilty  of  a  misdemeanor,  and  be  liable  to  be  indicted 
and  punished  for  such  offense ;  and  in  cases  where  it  was  made 
a  misdemeanor  to  do  or  omit  any  act  or  thing,  when  any 


CHARTER  OF  NEW  YORK  CITY. 


529 


power  or  authority  hereby  conferred  upon  the  board  of  health 
or  department  of  health,  was  exercised  by  any  other  board  of 
health,  or  officers,  the  omission  or  doing  of  such,  or  a  corre- 
sponding act  or  thing,  which  this  chapter  requires,  or  contem- 
plates to  be  done  or  forbids,  shall  in  like  manner  be  a 
misdemeanor,  and  the  offender  shall  be  liable  to  indictment 
and  punishment  for  the  same.  A  wilful  omission  or  refusal 
of  any  individual,  corporation,  or  body  to  conform  to  any 
regulation  of  said  department  duly  made  for  the  protection  of 
life  or  the  care,  promotion,  or  preservation  of  health,  or  the 
carrying  out  of  the  purposes  of  this  chapter,  pursuant  to  its 
power  or  authority,  shall  be  a  misdemeanor,  and  the  person  or 
officers  guilty  thereof  shall  be  liable  to  indictment  and  punish- 
ment as  for  a  misdemeanor.  All  prosecutions  and  proceedings 
against  any  person  for  misdemeanor  under  this  chapter  may 
he  had  or  tried  before  any  judge  or  tribunal  having  jurisdic- 
tion of  any  misdemeanor  within  said  city.  Any  person, 
corporation,  or  body  which  may  have  wilfully  done  or  omitted 
any  act  or  thing  which  is,  in  this  chapter,  or  by  any  law  or 
•ordinance,  or  the  sanitary  code  referred  to,  declared  to  be,  or 
to  subject  the  party  guilty  thereof  to  punishment  for  a  mis- 
demeanor, shall  in  addition  thereto,  be  subject  to  a  penalty  of 
two  hundred  and  fifty  dollars,  to  be  sued  for  and  recovered 
by  said  department  in  any  civil  tribunal  in  said  city.  Where 
in  any  case  the  minimum  penalty  for  a  refusal  to  obey,  or  for 
a  violation  of  any  order,  regulation,  or  ordinance  of  said 
department  of  health,  or  any  law,  is  not  fixed,  the  amount 
recovered  in  such  case  shall  not  be  less  than  twenty  dollars, 
and  the  judge  or  justice  who  presided  at  a  trial  where  such 
penalty  is  claimed  shall,  on  said  trial,  in  writing,  fix  the 
amount,  not  contrary  to  said  provisions,  of  said  penalty  to  be 
recovered,  and  shall  direct  such  amount  so  fixed  to  be,  and  it 
shall  be  included  in  the  judgment.  Any  such  suits  may  be 
against  one  or  more,  or  all  of  those  who  participate  in  the 
act,  refusals,  or  omissions  complained  of,  and  the  recovery  may 
be  against  one  or  more  of  those  joined  in  the  action  as  the 
justice  of  the  court  shall  direct.  The  provisions  of  this  sec- 
tion as  to  the  jurisdiction  of  tribunals,  parties,  and  costs 
shall  apply  to  all  suits  by  said  department  or  by  the 
police  department  under  this  chapter.  All  processes 
and  papers  usual  or  necessary  in  the  commencement 
and  prosecution  of  actions,  or  for  the  collection  of  money 
in  suits  or  proceedings  under  this  chapter,  on  execution,  may 
be  served  by  any  policeman,  and  in  and  about  such  matters  the 


530 


LAWS  OF  NEW  YOKK. 


policeman  so  engaged  shall  have  all  the  powers  of  marshals, 
and  no  fees  shall  be  charged  by  any  court,  magistrate,  or 
clerk  for  the  issue  of  any  paper  or  process,  or  the  performance 
of  any  duty  in  suits  under  this  chapter.  Any  civil  action 
brought  under  or  by  authority  of  this  chapter  may  be  brought 
in  any  court  in  said  city,  having  jurisdiction  in  any  civil  action 
to  an  amount  as  large  as  is  demanded  in  such  action;  and  if 
judgment  be  rendered  for  the  plaintiff  in  any  amount,  costs 
of  the  court  in  which  action  is  brought  shall  also  be  recovered, 
without  reference  to  the  amount  of  the  recovery,  provided 
payment  was  demanded  before  suit  brought,  and  the  defendant 
or  defendants  in  the  action  against  whom  the  recovery  is  had, 
did  not,  as  the  code  of  civil  procedure  authorizes,  offer  to  pay 
an  amount  equal  to  the  recovery  against  him  or  them,  except 
that  in  cases  where  the  recovery  shall  be  less  than  fifty  dollars, 
the  amount  of  costs  shall  be  ten  dollars ;  and  in  case  no  recov- 
ery is  had,  the  plaintiffs  shall  not  pay  costs  unless  the  judge 
or  justice,  at  the  conclusion  of  the  trial,  shall  certify  in  writing 
that  there  was  not  reasonable  cause  for  bringing  the  action, 
and  in  such  case  the  costs  shall  not  exceed  ten  dollars,  unless 
the  amount  claimed  exceeded  fifty  dollars.  No  action  shall 
abate,  or  right  of  action  already  accrued  be  abolished,  by 
reason  of  the  expiration,  repeal  or  amendment  of  an  ordinance, 
code  or  sanitary  ordinances,  or  regulation  of  said  department; 
nor  shall  any  court  lose  jurisdiction  of  any  action  by  reason 
of  a  plea  that  title  to  real  estate  is  involved,  provided  the  de- 
fendant is  sought  by  the  pleadings  to  be  charged  in  said  action 
on  any  of  the  grounds  mentioned  in  this  chapter,  other  than 
by  virtue  of  ownership  of  such  real  estate.  In  respect  to  all 
proofs  and  proceedings  by  said  department,  or  its  agents  or 
officers,  under  this  chapter,  papers  filed  shall  be  deemed  entered 
upon  or  in  the  minutes  of  the  department. 

Arrests  for  violation  of  rules. 

§  1263.  The  board  of  health  having  first  entered  on  the 
minutes  of  department  of  health,  or  filed  in  its  records,  what 
it  may  regard  as  adequate  proof  of  a  violation  or  resistance 
by  any  persons  in  said  city,  of  any  law,  or  ordinance,  the 
authority  relating  to  which  is  given  to  said  department,  or 
of  any  order  made  by  said  board  or  said  department,  may 
order,  by  warrant,  under  its  seal  and  attested  by  the  signature 
of  its  secretary,  and  indicating,  as  far  as  conveniently  prac- 
ticable, the  time,  place  and  nature  of  the  offense  committed, 
the  arrest  of  any  such  person,  and  such  order  of  arrest  shall 


CHARTER  OF  NEW  YORK  CITY. 


581 


be  of  the  same  effect  and  shall  be  executed  as  a  warrant  from 
a  justice  or  judge,  duly  issued;  and  the  party  arrested  shall 
be  taken  before  a  magistrate,  and  thereupon  and  thereafter 
shall,  by  all  officers,  be  treated  as  being,  and  have  the  rights 
and  liability  of  a  party  under  arrest  by  order  of  the  proper 
officer  or  tribunal,  for  a  misdemeanor,  of  the  nature  indicated 
in  said  order  of  arrest. 

Id.;  by  member  of  police  force  or  officer  of  department  of  health. 

§  1264.  Any  member  of  the  police  force,  and  every  in- 
spector or  officer  of  said  department  of  health,  as  the  regula- 
tions of  either  of  said  departments  may  respectively  provide 
relative  to  its  own  subordinates,  may  arrest  any  person  who 
shall,  in  view  of  such  member  or  officer,  violate,  or  do,  or  be 
engaged  in  doing  or  committing  in  said  city,  any  act  or  thing 
forbidden  by  this  chapter,  or  by  any  law  or  ordinance,  the 
authority  conferred  by  which  is  given  to  said  department  of 
health,  or  who  shall,  in  such  presence,  resist  or  be  engaged 
in  resisting  the  enforcement  of  any  of  the  orders  of  said  de- 
partment or  of  the  police  department  pursuant  thereto.  And 
any  person  so  arrested  shall  be  thereafter  treated  and  dis- 
posed of  as  any  other  person  duly  arrested  for  a  misde- 
meanor. 

Id.;  upon  complaint  of  magistrate,  trials,  fines,  etc. 

§  1265.  Upon  the  complaint  of  any  citizen  of  the  city, 
against  any  person  for  violation  of  any  rule,  sanitary  regula- 
tion, ordinance,  or  order,  made  to  any  magistrate  having 
jurisdiction  in  criminal  cases,  such  magistrate  shall  order  the 
arrest  of  any  person  against  whom  such  complaint  is  made, 
as  in  any  other  case  of  a  criminal  offense  and  by  his  warrant 
may  require  any  poHceman  or  constable  to  make  such  arrest, 
and  may,  after  such  arrest,  proceed  summarily  to  try  such 
person  for  such  alleged  offense ;  but  no  such  trial  shall  be  had 
on  any  arrest  made  in  the  city  without  sufficient  notice 
thereof  being  first  given  to  the  department  of  health.  And 
upon  an  application  in  behalf  of  said  department  made  before 
the  trial  is  commenced,  the  trial  of  such  person,  together  with 
the  papers,  shall  be  remitted  to  the  court  of  special  sessions, 
upon  which  court  jurisdiction  to  try  such  persons  is  hereby 
conferred;  but  the  right  of  any  person  to  elect  to  be  tried 
before  a  jury,  as  it  may  now  exist,  is  not  affected  by  anything 
herein  contained.  If  such  person  shall,  upon  such  trial,  be 
found  guilty,  he  or  she  may  be  punished  in  the  same  manner 


532 


LAWS  OF  NEW  YORK. 


as  is  provided  for  the  punishment  of  persons  found  guilty  of 
a  misdemeanor.  Reports  of  all  such  trials,  and  of  fines  im- 
posed for  violations  of  this  chapter,  or  the  sanitary  code, 
shall  be  made  monthly  to  said  department,  by  the  justices 
before  whom  trials  are  had.  But  nothing  in  this  section  con- 
tained shall  be  construed  as  in  any  manner  limiting  any 
powers,  penalty  and  punishment  in  this  chapter  elsewhere 
conferred. 

False  returns  and  deceptive  reports,  how  punished. 

§  1266.  If  any  person  shall  knowingly  make  to  said  depart- 
ment of  health,  or  any  officer  thereof,  any  false  return,  state- 
ment or  report  relative  to  any  birth,  death  or  marriage,  or 
other  matter  concerning  which  a  report  or  return  may  be 
legally  required  of,  or  should  be  made  by,  such  person ;  or  if 
any  member,  inspector  or  officer,  or  any  agent  of  said  de- 
partment of  health  shall  knowingly  make  to  said  department 
of  health  any  false  or  deceptive  report  or  statement  in  con- 
nection with  his  duties,  or  shall  accept  or  receive,  or  author- 
ize or  encourage,  or  knowingly  allow  any  other  person  to 
accept  or  receive  any  bribe  or  other  compensation  as  a  con- 
dition of  or  an  inducement  for  not  faithfully  discovering  and 
fully  reporting,  or  otherwise  acting,  according  to  his  duty 
in  any  respect,  then  any  and  every  such  person  shall  be 
deemed  guilty  of  a  misdemeanor,  punishable  by  imprison- 
ment of  not  more  than  one  year  or  by  a  fine  of  not  more  than 
five  hundred  dollars  and,  if  an  officer  or  employe  of  the  de- 
partment, by  the  forfeiture  of  his  office,  rank  or  position, 
and  shall  be  liable  to  be  for  such  crime  indicted,  tried  and 
punished  according  to  law,  and  shall,  in  addition,  forfeit  all 
compensation  due  or  to  grow  due  from  said  department. 

False  personation  as  an  officer  of  department,  penalty. 

§  1267.  It  shall  be  a  misdemeanor,  punishable  by  impris- 
onment in  the  penitentiary,  for  not  less  than  one  year  nor 
exceeding  two  years,  or  by  a  fine  of  not  less  than  two  hun- 
dred and  fifty  dollars,  for  any  person,  not  an  officer  of  or 
under  the  authority  of  the  department  of  healtli,  to  falsely 
represent  himself  as  such,  with  a  fraudulent  design  upon  per- 
sons or  property,  or  to  have,  use,  wear,  or  display,  without 
authority,  any  shield,  or  other  insignia  or  emblem  such  as  is 
worn  by  such  officer. 


CHAKTER  OF  NEW  YORK  CITY. 


533 


Boarding  and  Iodging=house  keepers  and  masters  of  vessels. 

§  1268.  Every  keeper  of  a  boarding  or  lodging-house,  and 
every  master,  owner,  or  consignee  of  a  vessel  v^ho  shall  re- 
fuse or  neglect  to  obey  the  orders  and  directions  of  the  de- 
partment of  health,  as  provided  by  this  act,  shall  be  consid- 
ered guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
fined  for  each  offense  in  a  sum  not  exceeding  two  hundred 
and  fifty  dollars,  or  be  imprisoned  for  a  term  not  exceeding 
six  months. 

Officers  and  magistrates  to  act  promptly. 

§  1269.  It  shall  be  the  duty  of  all  prosecuting  officers  of 
criminal  courts,  and  city  magistrates  to  act  promptly  upon 
all  complaints,  and  in  all  suits  or  proceedings  for  any  viola- 
tion of  this  chapter,  and  in  all  proceedings  approved  or  pro- 
moted by  said  department,  and  to  bring  the  same  to  a 
speedy  hearing  or  termination  and  to  render  judgment  and 
direct  execution  therein  without  delay. 

TITLE  5. 

Reimbursement  for  Expenses. 

Joint  and  several  liability  of  owners,  lessees  and  occupants  of  prop- 
erty and  assignment  of  claims  for  expenses  of  execution  of  orders 
thereon. 

§  1275.  It  is  hereby  declared  to  be  the  duty,  of  which  there 
shall  be  a  joint  and  several  liability  of  every  owner  and  part 
owner  and  person  interested,  and  of  every  lessee,  tenant,  and 
occupant  of,  or  in,  any  place,  water,  ground,  room,  stall, 
apartment,  building,  erection,  vessel,  vehicle,  matter  and 
thing  in  said  city,  and  of  every  person  conducting  or  inter- 
ested in  business  therein  or  thereat,  and  of  every  person  who 
has  undertaken  to  clean  any  place,  ground  or  street  therein, 
and  of  every  person,  public  officer,  and  board  having  charge 
of  any  ground,  place,  building  or  erection  therein,  to  keep, 
place,  and  preserve  the  same  and  every  part,  and  the  sewer- 
age, drainage,  and  ventilation  thereof  in  such  condition,  and 
to  conduct  the  same  in  such  manner  that  it  shall  not  be 
dangerous  or  prejudicial  to  life  or  health,  subject  to  the  ordi- 
nances of  the  sanitary  code  and  the  orders  of  the  department 
of  health. 


584 


LAWS  OF  NEW  YORK. 


On  what  expenses  to  be  a  lien. 

§  1276.  The  expenses  attending  the  execution  of  any  and 
all  orders  duly  made  by  the  department  of  health 
shall  respectively  be  a  several  and  joint  personal  charge  against 
each  of  the  owners  or  part  owners  and  each  of  the  lessees  and 
occupants  of  the  building,  business,  place,  property,  matter  or 
thing  to  which  said  order  relates,  and  in  respect  of  which  said 
expenses  were  incurred ;  and  also  against  every  person  or  body 
who  was  by  law  or  contract  bound  to  do  that  in  regard  to  such 
business,  place,  street,  property,  matter,  or  thing  which  said 
order  requires,  and  said  expenses  shall  also  be  a  lien  on  all 
rent  and  compensation  due,  or  to  grow  due,  for  the  use  of  any 
place,  room,  building,  premises,  matter,  or  thing  to  which 
said  order  relates,  and  in  respect  of  which  said  expenses  were 
incurred,  and  also  a  lien  on  all  compensation  due,  or  to  grow 
due,  for  the  cleaning  of  any  street,  place,  ground,  or  thing, 
or  for  the  cleaning,  or  removal,  of  any  matter,  thing,  or  place, 
the  failure  to  do  which  by  the  party  bound  so  to  do,  or  doing 
of  the  same  in  whole  or  in  part  by  order  of  said  department, 
was  the  cause  or  occasion  of  any  such  order  or  expense. 

Suit  for  expenses. 

§  1277.  Said  department  of  health,  m  case  It  has  incurred 
any  expense,  or  has  rendered  service  for  which  payment  is 
due,  and  as  the  rules  of  said  department  of  health  may  pro- 
vide, may  institute  and  maintain  a  suit  against  any  one  in  this 
chapter  declared  Kable  for  expenses,  or  against  any  person, 
firm,  or  corporation,  owing  or  who  may  owe  such  rent  or 
compensation,  and  may  recover  the  expenses  so  incurred  un- 
der any  order  aforesaid.  And  only  one  or  more  of  such 
parties  liable  or  interested  may  be  made  parties  to  such  action 
as  the  department  may  elect;  but  the  parties  made  responsi- 
ble as  aforesaid  for  such  expenses  shall  be  liable  to  contribute 
or  to  make  payment  as  between  themselves,  in  respect  of 
such  expenses,  and  of  any  sum  recovered  for  such  expenses 
or  compensation,  or  by  any  party  paid  on  account  thereof, 
according  to  the  legal  or  equitable  obligation  existing  be- 
tween them. 

Expense  of  executing  orders  to  be  a  lien. 

§  1278.  The  said  department  shall  liave  a  Hen  for 
the  expenses  necessarily  incurred  in  the  execution  of 
said   order,   and   said   expenses   shall   be   a   lien  upon 


CHAETER  OF  NEW  YORK  CITY. 


535 


the  land  and  buildings  upon  or  in  respect  of  which, 
or  either  of  which^  the  work  required  by  said  order 
has  been  done,  or  expenses  incurred,  which  hen  shaU  have 
priority  over  aU  other  hens  and  incumbrances,  except  taxes 
and  assessments.  But  no  such  hen  shaU  be  vahd  for  any 
purpose  tiU  the  said  department  shaU  have  caused  to 
be  filed  in  the  office,  or  with  the  officer  where  notices  of 
mechanics'  liens  are  now  or  may  be  hereafter  required  to  be 
filed,  a  notice  containing  the  same  particulars  as  required  to 
be  stated  with  reference  to  mechanics'  liens,  with  the  further 
statement  that  the  expense  has  been  incurred  in  pursuance  of 
an  order  of  said  department,  and  giving  its  date.  Upon  such 
filing  the  said  officer  shall  make  the  same  entry  on  the  book 
or  index  in  which  mechanics'  liens  are  entered  as  he  is  required 
to  enter  in  cases  of  mechanics'  liens,  together  with  a  reference 
to  said  order  by  date ;  and  thereafter  the  same  shall,  except  as 
herein  elsewhere  provided,  have  the  same  effect  in  all  respects 
as  a  mechanics'  lien;  and  all  proceedings  with  reference  to  said 
lien,  its  enforcements  and  discharge,  shall  be  had  and  carried 
on  in  the  same  manner  as  similar  proceedings  with  reference 
to  mechanics'  liens  are  now,  or  may  be  hereafter  by  law  had 
or  carried  on.  The  filing  of  such  statement  shall  as  to  all 
persons  have  the  same  effect  as  filing  of  notice  of  mechanics' 
hens;  and  unless  within  six  months  after  actual  notice 
of  such  filing,  proceedings  are  taken  by  the  party  against  whom 
or  whose  said  property  a  lien  is  claimed,  to  discharge  such  lien, 
the  filing  shall,  as  to  all  persons  having  such  actual  notice, 
become  conclusive  evidence  that  the  amount  claimed  in  such 
statement,  with  interest,  is  due,  and  is  a  just  lien  upon  said 
land  and  building.  Such  lien  shall  continue  to  be  a  lien  for 
the  space  of  four  years  from  the  time  of  filing  such  statement, 
unless  proceedings  are  in  the  meantime  taken  to  enforce  or 
discharge  the  .same,  which  may  be  done  at  any  time  during  its 
continuance.  In  case  proceedings  are  so  taken,  it  shall  remain 
a  lien  until  the  final  termination  of  such  proceedings;  and  if 
such  proceeding  shall  result  in  a  judgment  for  the  amount 
claimed  in  such  statement,  or  any  portion  thereof,  such  judg- 
ment shall,  to  such  extent,  be  a  lien  in  the  same  manner,  and 
from  the  same  time  as  said  statement. 

Statement  of  expense  of  executing  orders. 

§  1279.  When  the  department  of  health  shall,  througH 
its  own  officers,  and  men  and  means-  have  executed, 
or  so  far  executed  as  said  department  may  require,  any  order, 


536 


LAWS  OF  NEW  YORK, 


the  expenses  of  such  execution,  giving  in  general  terms  the 
items  of  such  expense  and  the  date  of  execution,  shall  be  stated 
in  an  affidavit,  and  the  same  shall  be  filed  among  the 
records  of  said  department  with  the  order  so  executed;  and 
said  department  shall  take  care  by,  or  through  some  proper 
officer,  or  otherwise,  that  the  expenses  of  such  execution  be 
so  stated  with  fairness  and  accuracy ;  and  when  it  shall  appear 
that  such  execution,  or  the  expenses  thereof,  related  to  several 
lots  or  buildings  belonging  to  different  persons,  said  affidavit 
shall  state  what  belongs  to,  or  arose  in  respect  to  each  lot  of 
said  several  lots  or  buildings,  as  said  department  of  health 
or  its  authorized  officer  may  direct;  and  said  department  may 
revise  the  correctness  of  such  apportionment  of  expenses  as 
truth  and  justice  may  require.  Whenever  the  expenses  at- 
tending the  execution  of  any  order  of  said  department  of 
health  may  be  made  the  subject  of  a  suit  by  said  depart- 
ment, there  may  be  joined  in  the  same  suit  a 
claim  or  claims  for  any  penalty  or  penalties  for  vio- 
lation of  any  provisions  of  this  chapter,  or  for  the 
violation  or  omission  to  perform  or  obey  said  order,  or  any 
prior  order  of  said  department,  or  for  the  not  doing  of  that, 
or  any  portion  of  that,  for  the  doing  of  which,  said  expenses 
arose  or  were  incurred;  and  the  proper  joint  or  several 
judgment  may  be  had  against  one  or  more  of  the  defendants 
in  the  suit,  as  they  or  either  of  them  may  be  liable  in  respect 
of  both  said  claims,  or  either  or  any  of  them.  And  said  ex- 
penses of  executing  said  order,  and  the  expenses  of  executing 
any  judgment  in  any  abatement  suit  in  this  chapter  provided 
for,  and  the  several  judgments  that  may  be  recovered  here- 
under, or  otherwise,  for  any  such  penalty  or  expenses,  or  for 
both  such  penalty  or  expenses  together,  until  the  same  are 
paid  or  discharged,  shall  be  a  lien  as  other  judgments,  and 
also  a  lien  and  charge  upon  rent  and  compensation  due  or  then 
maturing  from  any  tenant  or  occupant  of  the  building,  lots, 
and  premises,  or  the  parts  thereof  to  which  any  such  order  or 
judgment  relates,  or  in  respect  of  which  any  such  expenses 
were  incurred.  And  such  expenses  and  judgments  shall 
respectively  be  a  lien  on  all  compensation  due  or  to  grow  due 
from  the  cleaning  of  any  street,  place,  ground,  or  thing,  or  for 
the  cleaning  or  removal  of  any  matter,  thing,  or  place,  the 
failure  to  do  which  by  the  party  bound  so  to  do,  or  the  doing 
of  the  same  iri  whole  or  in  part  by  order  of  said  department, 
was  the  cause  or  occasion  of  any  such  charge  or  expense.  For 
the  purpose  of  rendering  such  lien  and  charge  more  effectual 


CHAKTEB  OF  NEW  YORK  CITY. 


537 


to  secure  payment  of  any  such  expenses  or  judgment,  from 
any  rent  or  compensation  aforesaid,  proceedings  may  be  taken 
as  follows: 

1.  The  department  of  health  may  serve  a  copy  of 
the  order  under  or  by  reason  of  which  such  expenses  were 
authorized  or  incurred  with  a  copy  of  any  affidavit  stating  the 
expenses  of  the  execution  of  such  order,  or  if  the  claim  be  a 
judgment,  may  serve  a  transcript  of  such  judgment  and  any 
affidavit  showing  the  expense  of  its  execution  if  there  be  any, 
upon  any  person  or  corporation  owing,  or  who  is  about  to 
owe  any  such  compensation,  or  owing  or  about  to  owe  any 
rent  or  compensation  for  the  use  or  occupation  of  any 
grounds,  premises  or  building,  or  any  part  thereof,  to  which 
said  order  or  judgment  relates,  and  in  respect  of  which  such 
expenses  embraced  in  said  judgment  related  or  were  incurred, 
and  may,  at  any  time  of  such  service,  demand  in  writing  that 
such  rent,  or  any  such  compensation  to  the  extent  of  said 
claims  for  said  expenses,  or  for  any  such  judgment  or  expense 
in  executing  the  same  shall,  when  such  rent  or  compensation 
becomes  due  and  payable,  be  paid  to  the  department  of  health. 

2.  After  the  service  of  the  papers  aforesaid  and  such 
demand,  any  tenant,  lessee,  occupant,  or  other  person  owing, 
or  about  to  owe,  any  such  rent  or  any  such  compensation 
shall,  when  such  rent  or  any  such  compensation  shall  mature, 
or  become  payable,  pay  the  same,  and  from  time  to  time  pay 
any  other  amount  thereof,  as  the  same  may  become  due  and 
payable,  or  so  much  thereof  as  is  sufficient  to  satisfy  any  such 
judgment  or  claim  for  expenses,  or  both,  so  served,  to  said 
department  of  health,  and  a  receipt  shall  be  given  therefor, 
stating  on  account  of  what  order  or  judgment  and  expenses 
the  same  has  been  paid  and  received;  and  the  amount  so 
received  shall  be  deposited  where  other  funds  of  said  depart- 
ment are  kept,  to  the  special  account  of  such  department. 

3.  Any  person  or  corporation  refusing  or  omitting,  as 
herein  directed,  to  make  such  payment  to  the  department  of 
health,  after  service  of  the  paper  and  demand  aforesaid,  as 
herein  required,  shall  be  personally  liable  to  said  department 
of  health  for  the  amount  that  should  have  been  paid  to  said 
department  according  to  the  provisions  hereof,  and  may  by 
such  health  department  be  sued  therefor;  and  such  persons 
shall  not  in  such  suit,  dispute  or  call  in  question  the  authority 
of  said  department  of  health  to  incur,  or  order  such  expense, 
or  the  validity  or  correctness  of  such  expenses  or  judgment 
in   any   particular,  or  the   right   of  the  said  department 


538 


LAWS  OF  NEW  YORK. 


to  have  the  same  paid  from  such  rent  or  compensation.  But 
the  receipt  of  such  department  for  any  sum  paid  as  aforesaid 
shall,  in  all  suits  and  proceedings,  and  for  every  purpose,  be 
as  effectual  in  favor  of  any  person  holding  the  same,  as  actual 
payment  of  the  amount  thereof  to  the  proper  landlord,  lessor, 
owner,  or  other  person  or  persons  who  would,  but  for  the 
provisions  of  this  title,  and  of  said  demand,  have  been  entitled 
to  receive  the  sum  so  paid.  And  it  is  further  expressly  de- 
clared that  no  tenant  or  occupant  of  any  lot,  building  or 
premises,  shall  be  dispossessed  or  disturbed,  nor  shall  any 
lease  or  contract,  or  rights,  be  forfeited  or  impaired,  nor  any 
forfeiture  or  Hability  be  incurred  by  reason  of  any  omission 
to  pay  to  any  landlord,  owner,  lessor,  contractor,  party,  or 
other  person,  the  sum  so  paid  to  said  department  of  health, 
or  any  part  thereof. 

Department  to  retain  moneys  till  twelve  days  after  notice. 

§  1280.  The  said  department  of  health  shall  retain  money 
so  paid  until  twelve  days  after  it  shall  be  made  to  appear  to 
said  department  of  health,  or  some  proper  officer  thereof,  by 
satisfactory  affidavit,  that  the  party  or  parties,  or  his  or  their 
agent  for  the  collection  of  any  such  rent  or  compensation,  who, 
but  for  the  provisions  hereof  would  have  been  entitled  to 
receive  the  same,  has  had  written  notice  of  such  payment  being 
made ;  and  if  at  the  end  of  said  twelve  days,  the  party  or  parties 
aforesaid,  so  notified,  have  not  instituted  suit  to  recover  said 
money,  as  hereinafter  provided,  then  it  shall,  by  said  depart- 
ment, be  paid  to  the  city  chamberlain. 

TITLE  6. 
'Abatement  by  SiiiL 

Nuisance  defined. 

§  1287.  A  wilful  omission  or  refusal  of  any  individual, 
corporation,  or  body,  to  forthwith  abate  any  nuisance,  as 
ordered  by  a  resolution  of  the  board  of  health,  duly  served 
upon  them,  pursuant  to  the  provisions  of  this  act,  or  to  con- 
form to  any  ordinance  of  the  sanitary  code  or  any  sanitary 
regulation  of  said  board,  duly  made  for  the  protection  of  life, 
or  the  care,  promotion,  or  preservation  of  health,  pursuant  to 
its  power  or  authority,  shall  be  a  misdemeanor,  and  the  person 
or  officers  guilty  thereof  shall  be  liable  to  indictment  and  pun- 
ishment as  for  a  misdemeanor.    In  addition  thereto  every 


CHARTER  OF  NEW  YORK  CITY. 


539 


person,  body  or  corporation  that  shall  violate  or  not  conform 
to  any  ordinance  of  the  sanitary  code,  or  any  rule,  sanitary 
regulation  or  special  or  general  order  of  said  board,  duly  made, 
shall  be  liable  to  pay  a  penalty  not  exceeding  fifty  dollars  for 
each  offense,  which  may  be  sued  for  and  recovered  by  and  in 
the  name  of  said  department  of  health,  with  costs,  before  any 
justice  or  tribunal  in  said  city  of  New  York  having  jurisdic- 
tion of  civil  actions. 

Suits  to  abate  nuisances. 

§  1288.  For  the  abatement  or  remedying  any  of  the  nui- 
sances mentioned  or  declared  in  this  chapter  or  by  the  board 
of  health  pursuant  to  the  authority  devolved  upon  and  con- 
ferred upon  it  by  this  act,  the  board  of  health  may  institute 
and  maintain  in  any  court  in  said  city  having  jurisdiction  in 
suits  where  the  amount  claimed  exceeds  one  thousand  dollars, 
a  suit  or  suits  at  law  or  in  equity.  And  all  costs  collected  in 
any  such  action  or  proceeding  shall  be  paid  over  to  the  depart- 
ment and  accounted  for  by  it.  To  all  such  suits  the  provisions 
of  this  chapter,  relative  to  jurisdiction,  costs,  and  parties,  shall 
be  applicable;  and  the  courts  shall  allow  the  plaintiff,  at  any 
proper  stage  of  the  case,  to  amend,  by  joining  other  parties 
defendant ;  and  no  suit  shall  be  dismissed  or  defeated  by  reason 
of  there  being  other  persons  interested  therein,  or  concerned 
in  causing,  creating,  or  maintaining  the  nuisance  complained 
of  in  such  suit. 

Id.;  trial  thereof. 

§  1289.  Such  suit  shall  be  tried  by  the  court  without 
a  jury,  unless,  some  defendant  shall,  in  his  answer,  or 
by  notice  in  writing  to  be  served  on  plaintiff's  attorney 
within  five  days  after  service  of  said  answer,  demand  a 
trial  by  jury  on  some  question  of  fact,  to  be  in  said  answer, 
or  notice  distinctly  stated,  and  in  respect  of  which  a  right  of 
trial  by  jury  exists,  and  if  any  such  demand  be  so  made  and 
served,  the  case  shall,  as  to  all  the  defendants,  be  placed  on 
the  calendar  of  jury  trial  cases  as  a  preferred  case;  and  when 
moved  for  trial,  if  issues  of  fact  for  the  jury  have  not  before' 
been  settled,  the  presiding  judge  may  state  in  writing  the  issue? 
of  fact  to  be  submitted  to  the  jury,  or  the  trial  shall  proceed 
upon  the  material  issues  of  fact  made  by  the  pleadings  without 
such  written  statement  of  issues;  and  the  judge  who  presided 
at  the  trial  (or  some  judge  of  the  same  court,  if  said  judge 


540 


LAWS  OF  NEW  YORK. 


be  unable  to  proceed  therewith)  shall,  on  receiving  the  verdict, 
or  as  soon  thereafter,  and  at  the  same  term,  if  possible,  settle 
and  cause  to  be  entered  the  proper  judgment  in  said  suit. 

Id.;  judgment;  what  to  contain. 

§  1290.  If  the  judgment  be  that  any  nuisance  may  be  abated 
or  remedied,  in  whole  or  in  part,  said  judgment  shall  contain 
sufficient  directions  for  its  proper  execution,  and  the  judge 
shall,  from  the  pleadings  and  the  evidence  given  at  the  trial, 
find  and  state  what  proportion  of  the  expense  of  such  execution 
shall  be  paid  or  be  borne  by  each  or  all  of  the  defendants, 
jointly  or  severally;  and  if,  in  the  opinion  of  the  court,  any 
part  of  or  all  of  the  expense  of  such  execution  should  be  borne 
by  said  department  of  health,  or  the  execution  of  such  judg- 
ment should  be  made  by  said  department  or  under  its  direc- 
tion, said  judgment  shall  contain  the  appropriate  directions  in 
respect  to  such  last-named  payment  or  execution.  Said  judg- 
ment, if  against  any  defendant,  shall,  on  its  face,  state  that 
it  will  be  a  lien  on  the  real  property,  and  corporeal  heredita- 
ments of  such  defendant  or  defendants  respectively,  to  which 
the  said  nuisance  shall  have  related,  till  his  or  their  proportion 
of  such  expenses  of  execution  are  satisfied,  or  the  lien  thereof 
shall  be  otherwise  discharged  according  to  law. 

Lien  of  judgment;  how  removed. 

§  1291.  Any  person  prejudicially  affected  by  the  lien  of  any 
such  judgment  may,  on  five  days'  notice  to  said  depart- 
ment, make  a  motion  before  any  judge  of  the  court  in  which 
said  judgment  was  rendered,  for  an  order  that  the  lien  of  such 
judgment  be  discharged  as  to  all  or  any  specific  property  set 
forth;  and  if  it  shall  appear  to  such  judge,  on  the  hearing  of 
such  motion,  that  such  five  days'  notice  of  such  motion 
has  been  given  to  the  board  of  health,  and  that  such  judgment 
has  been  executed,  and  the  expenses  paid  which  the  lien  sought 
to  be  discharged,  was  designee!  to  secure;  or,  if  a  proper  or 
sufficient  undertaking  or  bond,  with  sureties,  shall  be  given 
for  the  payment  of  such  expenses ;  or  if  the  board  of  health',  or 
its  counsel,  shall,  in  writing,  consent  to  the  discharge  of  the 
last-named  lien,  as  to  any  or  all  property  referred  to,  or  as  to 
one  or  more  defendants,  then  said  judge  may  order  said  lien 
discharged  of  record  by  the  proper  officer,  to  the  extent  and 
as  to  the  person  or  persons  that  the  order  shall  specify;  and 
it  shall  be  so  discharged:  and  such  order  and  the  moving 
papers  shall  be  filed  with  the  proper  clerk,  as  the  judge  may 
direct. 


CHARTER  OF  NEW  YORK  CITY. 


641 


Appeals  and  stays. 

§  1292.  No  appeal  by  any  party  defendant  shall  stay  the 
execution  of  any  judgment  aforesaid,  except  to  the  extent, 
in  reference  to  the  persons,  and  on  the  conditions  the  judge 
who  tried  the  case,  or  some  other  judge  of  the  same  court, 
shall,  on  the  settling  of  the  judgment,  or  on  motion,  on  four 
days'  notice  to  said  department  of  health,  specially  order;  and 
if  no  such  order  shall  be  made,  the  judgment  shall  be  exe- 
cuted, notwithstanding  any  appeal,  undertaking  or  security, 
and  without  any  liability  on  the  part  of  any  person  by  rea- 
son of  any  damages  or  consequences  growing  out  of  the 
execution  of  said  judgment,  whether  the  same  be  reversed  or 
not.  All  appeals  by  the  defendant  from  any  judgment  in  the 
said  abatement  suits  shall  be  taken  within  thirty  days 
after  notice,  in  writing,  to  the  defendant  or  his  attorney,  of 
the  entry  of  the  judgment  therein,  and  the  judge  who  tries 
the  case  may,  in  his  discretion,  order  a  stay' as  to  the  execu- 
tion of  the  judgment,  but  only  for  the  period  of  the  said 
thirty  days,  and  within  said  period  of  thirty  days  an 
undertaking  or  security  on  appeal  must  be  filed,  of  the 
form  and  obligation  required  in  ordinary  appeals  from 
judgments,  but  also  to  be  conditioned  for  the  payment  of  the 
appellant's  adjudged  share  of  the  expenses  of  executing  such 
judgment,  or  if  not  estimated  in  said  judgment,  as  the  judge, 
on  application  and  three  days'  notice  to  said  department, 
shall  estimate  the  same,  in  conformity  with  the  judgment, 
for  the  purpose  of  such  security  on  appeal.  But  the  execu- 
tion of  any  judgment  against  the  defendants  shall  not  be 
delayed  beyond  thirty  /lays,  if  within  that  period  the 
proper  undertaking  or  security  on  appeal,  approved  by  the 
judge,  has  not  been  filed,  and  the  appeal  perfected,  as  herein 
provided.  The  judgment  may  state  the  estimated  expense 
that  will  have  to  be  paid  by  any  party  toward  executing  said 
judgment;  but  the  board  of  health  may  appeal  in  any  such 
case,  or  any  case  to  which  the  health  department  is  a  partv 
within  thirty  days  after  the  entry  of  any  judgment,  and  with- 
out giving  any  security;  such  appeal  shall  be  effectual  and 
shall  operate  as  a  stay  on  the  part  of  the  judgment  in  respect 
to  which  said  department  appeals. 

Claims  for  penalty  may  be  joined  in  abatement  suits^ 

§  1293.  In  any  such  abatement  suit  said  department  may 
join  a  cause  of  action  for  any  penalty  or  penalties  that  may 
have  been  incurred  by  either  of  the  defendants,  by  reason  of. 


542 


LAWS  OF  NEW  YORK. 


or  in  connection  with,  the  nuisance  complained  of,  or  by 
reason  of  any  omission  or  refusal  of  any  defendant  to  obey 
or  comply  with  any  ordinance  of  the  sanitary  code  or  any 
order  of  the  department  of  health  touching  such  alleged 
nuisance,  and  have  the  proper  provision  in  any  judgment 
therefor  against  one  or  more  of  the  defendants. 

Judgment  of  appellate  division;  what  to  contain. 

§  1294.  The  judgment  of  the  appellate  division,  if  it  shall, 
to  any  extent,  direct  any  change  in  the  judgment  appealed 
from,  but  shall  direct,  or  allow  or  fail  to  forbid  the  judgment 
in  part  to  be  executed,  shall  also  contain  the  requisite  spe- 
cific provisions,  so  that  the  judgment,  as  modified,  may  be 
executed,  and  the  due  proportion  of  the  expenses  of  such 
execution  may  be  assessed  on  the  defendants,  respectively, 
or  on  said  department,  as  the  appellate  division  may  ad- 
judge. There  may  be  an  appeal  from  the  appellate  division 
to  the  court  of  appeals,  in  such  abatement  suit,  and  therein 
the  provisions  hereof  as  to  appeals  from  the  judgment  to  the 
appellate  division,  and  as  to  the  security  on  appeal,  shall  in 
all  particulars,  including  the  length  of  time  given  in  which 
to  take  an  appeal,  apply,  except  that  no  undertaking  on  its 
appeal  is  necessary  on  the  part  of  the  department  of  health,- 
and  no  change  in  the  code  of  civil  procedure,  or  otherwise, 
hereafter  to  be  made,  though  in  subject-matter  applicable  to 
said  abatement  suits,  shall  be  construed  to  modify  the  afore- 
said or  other  provisions  of  the  health  laws  as  to  any  suits 
thereunder,  unless  such  act  shall  specilically  declare  such 
modification  to  be  intended. 

Statement  of  expense  of  execution. 

§  1295.  Upon  the  execution,  in  whole  or  in  part,  of  any 
such  judgment,  if  said  department  shall,  as  it  is  hereby  author- 
ized to  do,  decide  the  public  interest  to  demand  only  execution 
in  part  thereof,  a  statement  of  the  expenses  of  such  execution 
shall  be  made,  and  such  expenses  shall  be  therein  apportioned 
not  contrary  to  any  provisions  of  said  judg^ment;  and  upon 
the  same  being  verified  by  the  oath  of  some  officer  of 
said  department,  such  statement,  entitled  in  the  case, 
may  be  filed  or  given  to  the  proper  clerk  to  be 
filed,  with  such  judgment;  and  notice  of  such  filing 
or  deHvery,  and  a  copy  of  such  statement  shall  be 
given  to  the  attorneys  of  the  defendant  in  the  suit,  or  to  the 
defendants  themselves,  or  to  some  one  of  the  joint  defendants; 


OHAETER  OF  NEW  YORK  CITY.  543 


and  unless  within  ten  days  after  any  such  notice,  such  de- 
fendants shall  give  due  notice,  in  writing,  to  said  department, 
of  a  motion,  and  serve  therewith  copies  of  affidavits  to  correct 
such  statement  in  particulars  to  be  mentioned,  and  separately 
and  clearly  stated  in  such  affidavit,  such  statement  aforesaid 
shall  be^  in  all  suits,  and  proceedings,  and  tribunals,  and  at  all 
times,  deemed  and  taken  to  be  final,  conclusive  and  correct; 
and  no  formal  defect  in  such  statement  shall  in  any  whQ 
vitiate  the  same.  And  on  any  hearing  of  such  motion,  said 
department  may  read  affidavits  in  support  of  such  original 
statement;  and  the  finding  of  any  judge  on  the  hearing 
of  such  motion,  as  the  said  statement  of  such  expenses 
and  other  matters  in  such  motion  involved,  or  state- 
ment contained,  shall  be  final  and  conclusive,  and  not  subject 
to  appeal;  and  such  finding  or  statement  as  modified  by  such 
finding  when  filed,  shall  be  of  the  same  effect  as  such  original 
statement  would  have  been  had  no  motion  in  regard  thereto 
been  made;  and  for  the  purpose  of  an  execution  for  such 
expense,  and  creating  a  lien  under  any  judgment,  such  state- 
ments and  finding  or  modified  statement  shall  be  regarded  as 
a  part  of  said  judgment,  and  the  lien  thereof  shall  extend  to 
any  amounts  stated  in  such  final  statement  and  finding.  In 
so  far  as  any  judgment  may  be  directed  to  be  executed  at  the 
expense  of  said  department  of  health,  or  by  any  party  defend- 
ant at  his  own  expense,  and  shall  by  such  party  defendant  be 
so  executed,  the  expense  of  such  execution  shall  not  be  stated 
or  embraced  in  the  aforesaid  statement  or  finding  of  expenses ; 
but  if  any  part  of  the  execution  aforesaid,  which  any  party 
should  have  borne  or  paid,  shall,  by  reason  of  the  delay,  re- 
fusal or  defective  act  or  execution  of  such  party,  or  any  other 
cause,  be  paid,  borne  or  incurred  by  said  department  of  health, 
in  and  about  the  execution  of  such  judgment,  then  the  said 
latter  expenses  of  said  department  may  be  embraced  in  said 
statement  and  finding,  and  collected  by  execution  as  aforesaid. 

Execution  thereupon. 

§  1296.  For  the  proportion  and  amounts  as  authorized  by 
such  judgment,  and  contained  in  such  finding  or  in  such  state- 
ment or  modified  statement,  when  either  of  the  same  shall 
have  become  final  as  aforesaid,  said  department  shall  have 
execution,  on  application  ex  parte,  to  a  judge  of  the 
court  in  which  the  judgment  was  recovered,  and  such 
execution  shall,  in  due  form,  be  allowed  by  any  such 
judge;   such  execution  to  be  against  any  one  or  more 


544 


LAWS  OF  NEW  YORK. 


defendants  or  joint  defendants  for  the  recovery  of  any 
amount  due  from  such  defendant,  or  defendants,  which  the 
party  claiming  such  execution  is  entitled  to  receive;  and  such 
execution,  except  as  herein  specially  provided,  shall  be  of  the 
same  effect  and  form  as  any  execution  duly  issued  pursuant 
to  any  judgment.  But  no  execution  shall  be  issued  against 
any  defendant  for  less  than  the  whole  sum  due  from  such  de- 
fendant, or  for  less  than  he  shall  be  liable  to  pay  in  such  suit; 
but  any  sum  adjudged  against  any  defendant  or  defendants, 
in  any  such  abatement  suit  for  penalties,  costs,  or  for  other 
cause  than  the  expense  of  the  abatement  or  remedying  of  such 
nuisance,  may  be  collected  by  separate  or  other  executions, 
other  than  those  authorized  for  collecting  such  expenses,  to 
be  issued  in  due  course  of  law. 

Injunction  may  be  granted  in  abatement  suits;  requisites. 

§  1297.  In  any  abatement  suit  aforesaid  the  court  or  a  judge 
thereof,  may  issue  and  enforce  an  appropriate  preliminary 
injunction,  whenever  it  shall  be  asked  for,  by  the  board  of 
health,  and  there  shall  appear  to  such- judge  to  be  reasonable 
cause  therefor;  and  such  injunction  may  also  be  granted  when- 
ever it  shall  be  made  to  appear  to  the  court  or  a  judge  thereof, 
by  affidavit,  that  such  injunction  is  needed,  to  prevent  any 
illegal  act,  conduct,  or  business  aforesaid  or  its  continuance, 
or  to  prevent  any  serious  danger  to  human  life  or  serious  detri- 
ment to  health,  or  great  public  inconvenience,  touching  any 
matter  or  thing  to  which  this  chapter  or  the  health  laws  afore- 
said relate.  And  in  any  such  injunction  order  the  court  may 
require  any  building,  erection  or  grounds  to  be  put  in  a  condi- 
tion that  will  not  be  dangerous  to  the  life  or  detrimental  to 
the  health  of  any  occupant,  before  the  same  shall  be  leased, 
or  rented,  or  occupied,  or  before  any  rent  or  compensation 
shall  be  collected  for  the  rent  or  use  of  the  whole  or  any  portion 
of  the  same.  In  any  such  injunction  order,  and  also  in  any 
judgment  in  any  abatement  suit,  the  judge  or  court  may 
require  the  tenants,  lessees,  and  occupants,  or  either  or  any  of 
them,  of  any  such  building,  erection,  or  grounds,  to  pay  rent 
thereof,  or  compensation  therefor,  due  or  to  grow  due  to  the 
health  .department,  and  said  department  to  collect  and  receive 
and  apply  said  rent  to  the  payment  of  the  expenses  of  putting 
any  said  building,  erection,  or  ground  in  a  condition  that  will 
not  be  dangerous  to  the  life  or  detrimental  to  the  health  of 
any  present  or  future  tenant,  lessee  or  occupant,  or  of  any 
other  person;  all  such  collections  and  payments  to  be  made 


CHARTER  OF  NEW  YORK  CITY. 


545 


in  such  manner,  to  such  extent,  and  on  such  conditions  as  the 
court  shall  by  order  or  judgment  provide;  and  every  such  pay- 
ment to  said  department,  and  the  receipt  of  its  treasurer  for 
such  rent  or  compensation,  shall  be  as  effectual  to  protect  any 
person  who  has  made  the  same,  and  every  such  tenant,  lessee 
and  occupant,  and  all  his  and  their-  rights  under  any  lease  or 
occupation,  as  if  such  payment  had  been  made  to,  and  such 
receipt  had  been  given  by  the  lessor  or  owner,  or  any  proper 
claimant  of  any  such  rent  or  compensation,  who  had,  but  for 
such  order  or  judgment,  the  right  and  authority  to  receive  the 
same.  But  no  undertaking  or  security  shall  be  required  or 
necessary  on  the  part  of  said  department  as  a  condition  of  grant- 
ing such  injunction,  or  the  same  being  effectual;  and  in  any 
final  judgment  in  such  suit  there  may  be  enjoined  whatever,  if 
about  to  happen  or  threatened,  would  be  the  proper  subject 
matter  of  a  preliminary  injunction.  And  when  the  public  inter- 
est seems  to  the  court  to  require  a  speedy  trial  or  hearing  of 
any  such  suit  or  appeal  therein,  it  shall  be  the  duty  of  any  judge 
of  any  court  aforesaid,  or  of  the  court  to  whom  application 
by  said  board  may  be  properly  made,  to  cause  such  suit  or 
appeal  to  be  advanced  and  brought  to  a  speedy  trial,  and  befort 
it  would  otherwise  be  reached  by  trial  or  argument  in  due 
course  on  the  calendar,  as  the  judge  or  court  may  by  special 
order  direct. 

Expenses  of  department  of  health  to  be  paid  out  of  its  funds. 

§  1298.  Whatever  expenses  said  department  of  health  may 
lawfully  and  properly  incur  in  the  execution  of  any  judgment 
aforesaid,  or  in  executing  or  in  connection  with  its  own  orders, 
made  in  good  faith,  or  in  and  about  the  discharge  in  good  faith 
of  its  supposed  duties,  or  in  satisfying  any  liability  or  judg- 
ment it  may  have  in  good  faith  incurred  or  suffered  by  reason 
of  its  acts  done  in  good  faith  as  aforesaid,  or  in  satisfying 
any  claim  against  its  officers  or  subordinates,  arising  from 
their  acts  in  the  discharge,  in  good  faith,  of  their  supposed 
respective  duties,  shall,  so  far  as  established,  be  paid  out  of 
its  fund  or  other  moneys  appropriated  to  such  purpose  or  to 
its  use. 

Infected  and  uninhabitable  houses  to  be  condemned  by  board  of 
health. 

§  1299.  Whenever  it  shall  be  certified  to  the  board 
of  health  of  The  City  of  New  York  by  the  sanitary  su* 
perintendent  or  an  assistant  sanitary  superintendent  that  any 


546 


LAWS  OF  NEW  YORK. 


building  or  any  part  thereof  in  The  City  of  New  York  is  in- 
fected with  contagious  disease,  or  by  reason  of  want  of  repair 
has  become  dangerous  to  life,  or  is  unfit  for  human  habitation 
because  of  defects  in  drainage,  plumbing,  ventilation,  or  the 
construction  of  the  same,  or  because  of  the  existence  of  a  nui- 
sance on  the  premises,  which  is  likely  to  cause  sickness  among 
its  occupants,  the  said  board  of  health  may  issue  an  order  re- 
quiring all  persons  therein  to  vacate  such  building  or  part 
thereof  for  the  reasons  to  be  stated  therein  as  aforesaid.  Said 
board  shall  cause  said  order  to  be  afifixed  conspicuously  in  the 
building  or  part  thereof  and  to  be  personally  served  on  the 
owner,  lessee,  agent,  occupant,  or  any  person  having  the 
charge  or  care  thereof;  if  the  owner,  lessee  or  agent  can  not 
be  found  in  The  City  of  New  York  or  does  not  reside  therein, 
or  evades  or  resists  service,  then  said  order  may  be  served  by 
depositing  a  copy  thereof  in  the  post-office  in  The  City  of  New 
York,  properly  enclosed  and  addressed  to  such  owner,  lessee 
or  agent  at  his  last  known  place  of  business  and  residence,  and 
prepaying  the  postage  thereon;  such  building  or  part  thereof 
shall,  within  ten  days  after  said  order  shall  have  been  posted 
and  mailed  as  aforesaid,  or  within  such  shorter  time,  not  less 
than  twenty-four  hours,  as  in  said  order  may  be  specified,  be 
vacated,  but  said  board  of  health,  whenever  it  shall  become 
satisfied  that  the  danger  from  said  building  or  part  thereof  has 
ceased  to  exist,  or  that  said  building  has  been  repaired  so  as 
to  be  habitable,  may  revoke  said  order. 

Proceedings  for  condemnation  prescribed. 

§  1300.  Whenever,  in  the  opinion  of  the  board  of  health 
of  The  City  of  New  York,  any  building  or  part  thereof 
in  The  City  of  New  York,  an  order  to  vacate  which  has  been 
made  by  said  board  is,  by  reason  of  age,  defects  in  drainage, 
plumbing,  infection  with  contagious  disease,  or  ventilation,  or 
because  of  the  existence  of  a  nuisance  on  the  premises,  which 
is  likely  to  cause  sickness  among  its  occupants,  or  among  the 
occupants  of  other  property  in  The  City  of  New  York,  or 
because  it  stops  ventilation  in  other  buildings,  or  otherwise 
makes  or  conduces  to  make  other  buildings  adjacent  to  the 
same  unfit  for  human  habitation,  or  dangerous  or  injurious 
to  health,  or  because  it  prevents  proper  measures  from  being 
carried  into  effect  for  remedying  any  nuisance  injurious  to 
health,  or  because  of  other  sanitary  evils  in  respect  of  such 
other  buildings,  so  unfit  for  human  habitation  that  the  evils  in, 
or  caused  by  said  building,  can  not  be  remedied  by  repairs, 


CHARTER  OF  NEW  YORK  CITY.  54T 


or  in  any  other  way  except  by  the  destruction  of  said  building, 
or  of  a  portion  of  the  same,  said  board  of  health  may,  if  it 
deem  such  course  just  and  proper,  condemn  the  same  and  order 
it  removed;  provided,  however,  that  the  owner  or  owners  of 
said  building  may  demand  a  survey  of  said  building  in  the 
manner  provided  for  in  case  of  unsafe  buildings,  and  may 
institute  proceedings  in  the  supreme  court  in  The  City  of  New 
York  for  the  condemnation  of  said  building.  Said  proceeding 
shall  be  instituted  through  a  petition  addressed  to  said  court 
containing  a  brief  statement  of  the  reasons  therefor,  and  shall 
not  be  required  to  contain  further  allegations  of  facts,  than 
those  which  have  actuated  the  board  of  health  in  this  proceed- 
ing, which  shall  then  be  carried  on  in  the  manner  prescribed 
by  chapter  twenty-one  of  this  act.  The  owner  of  said  build- 
ing, or  any  person  interested  therein  may  in  his  answer  dispute 
the  necessity  of  the  destruction  of  said  building,  or  part  there- 
of, as  the  case  may  be.  In  such  case,  the  court  shall  not  ap- 
point commissioners  unless  proof  is  made  of  the  necessity  of 
such  destruction.  In  such  proceeding  evidence  shall  be  receiv- 
able by  the  commissioners  to  prove : 

1.  That  the  rental  of  the  building  was  enhanced  by  reason 
of  the  same  being  used  for  illegal  purposes,  or  being  so  over- 
crowded as  to  be  dangerous  or  injurious  to  the  health  of  the 
inmates ;  or 

2.  That  the  building  is  in  a  state  of  defective  sanitation,  or 
is  not  in  reasonably  good  repair ;  or 

3.  That  the  building  is  unfit,  and  not  reasonably  capable  of 
being  made  fit,  for  human  habitation ;  and,  if  the  commissioners 
are  satisfied  by  such  evidence,  then  the  compensation — 

(a)  Shall  in  the  first  case,  so  far  as  it  is  based  on  rental,  be 
on  the  rental  of  the  building,  as  distinct  from  the  ground  rent, 
which  would  have  been  obtainable  if  the  building  was  occupied 
for  legal  purposes,  and  only  by  the  number  of  persons  whom 
the  building  was  under  all  the  circumstances  of  the  case,  fitted 
to  accommodate  without  such  overcrowding  as  is  dangerous  or 
injurious  to  the  health  of  the  inmates;  and 

(b)  Shall  in  the  second  case  be  the  amount  estimated  as  the 
value  of  the  building  if  it  had  been  put  into  a  sanitary  condi- 
tion, or  into  reasonably  good  repair,  after  deducting  the  esti- 
mated expense  of  putting  it  into  such  condition  or  repair;  and 

(c)  Shall  in  the  third  case  be  the  value  of  the  materials  of 
the  building. 

For  the  payment  of  all  awards  and  the  expenses  of  all  such 
proceedings,  the  comptroller  shall  issue  and  sell  from  time  to 


548 


LAWS  OF  NEW  YORK. 


time  as  may  be  necessary  and  in  the  manner  hereinbefore 
provided,  corporate  stock  of  The  City  of  New  York. 

TITLE  7. 

LodgingrHouses, 

Construction  generally. 

§  1304.  Every  house,  building,  or  portion  thereof,  in  The 

City  of  New  York,  used,  occupied,  leased  or  rented  for  a 
lodging-house  must  conform  in  its  construction,  appurte- 
nances and  premises  to  the  requirements  of  this  title;  and 
its  use  and  occupation  shall  be  regulated  subject  to  the  ordi- 
nances of  the  sanitary  code,  appHcable  thereto,  and  the  orders 
of  the  board  of  health  duly  made,  pursuant  to  its  authority, 
duty  and  powers  conferred  and  enjoined  upon  it  in. this  chap- 
ter. 

Definitions. 

§  1305.  A  lodging-house  shall  be  taken  to  mean  and 
include  any  house  or  building,  or  portion  thereof,  in 
which  persons  are  harbored,  or  received  or  lodged,  for 
hire  for  a  single  night,  or  for  less  than  a  week  at  one  time,  or 
any  part  of  which  is  let  for  any  person  to  sleep  in,  for  any 
term  less  than  a  week.  A  cellar  shall  be  taken  to  mean  and 
include  every  basement  or  lower  story  of  any  building  or 
house  of  which,  one-half  or  more  of  the  height  from  the  floor 
to  the  ceiling,  is  below  the  level  of  the  street  adjoining. 

Roofs  and  stairs  and  fire=escapes. 

§  1306.  The  roof  of  every  such  house  shall  be  kept  in  good 
repair,  and  so  as  not  to  leak,  and  all  rain  water  shall  be  so 
drained  or  conveyed  therefrom  as  to  prevent  its  dripping  on 
to  the  ground,  or  causing  dampness  in  the  walls,  yard,  or 
area.  All  stairs  shall  be  provided  with  proper  banisters  and 
raiHngs,  and  shall  be  kept  in  good  repair.  Every  such  house 
shall  be  provided  with  a  proper  fire-escape,  or  means  of 
escape  in  case  of  fire,  to  be  approved  by  the  bureau  of  build- 
ings. 

SIeeping=rooms;  ventilation. 

§  1307.  Every  house,  building  or  portion  thereof  in  the 
city  designed  to  be  used,  occupied,  leased  or  rented,  or  which 
is  used,  occupied,  leased  or  rented  for  a  lodging-house, 


CHARTER  OF  NEW  YORK  CITY. 


549 


shall  have  in  every  room  which  is  occupied  as  a  sleep- 
ing-room, and  which  does  not  communicate  directly  with 
the  external  air,  a  ventilating  or  transom  window,  having  an 
opening  or  area  of  three  square  feet,  over  the  door  leading 
into,  and  connected  with  the  adjoining  room,  if  such  adjoin- 
ing room  communicates  with  the  external  air,  and  also  a 
ventilating  or  transom  window  of  the  same  opening  or  area, 
communicating  with  the  entry  or  hall  of  the  house,  or  where 
this  is,  from  the  relative  situation  of  the  rooms,  impractica- 
ble, such  last-mentioned  ventilating  or  transom  window  shall 
communicate  with  an  adjoining  room  that  itself  communi- 
cates with  the  entry  or  hall.  Every  such  house,  or  building, 
shall  have  in  the  roof,  at  the  top  of  the  hall,  an  adequate  and 
proper  ventilator,  of  a  form  approved  by  the  bureau  of 
buildings. 

Water=cIosets,  privies  and  sinks. 

§  1308.  Every  lodging-house  shall  be  provided  with 
as  many  good  and  suf!icient  water-closets^  improved 
privy  sinks,  or  other  similar  receptacles,  as  the  de- 
partment of  health  shall  require,  but  in  no  case 
shall  there  be  less  than  one  for  every  fifteen  occupants.  The 
water-closets,  sinks,  and  receptacles,  shall  have  proper  doors, 
soil  pipes,  and  traps,  all  of  which  shall  be  properly  ventilated 
to  prevent  the  escape  of  deleterious  gas  and  odors,  soil  pans, 
cisterns,  pumps  and  other  suitable  works  and  fixtures,  neces- 
sary to  insure  the  efficient  operation,  cleansing,  and  flushing 
thereof.  Every  lodging-house  situated  upon  a  lot  on 
a  street  or  avenue  in  which  there  is  a  sewer,  shall  have 
a  separate  and  proper  connection  with  the  sewer;  and  the 
water-closets,  sinks,  and  other  receptacles  shall  be  properly 
connected  with  the  sewer  by  proper  pipes  made  thoroughly 
air-tight.  Such  sewer  connection,  and  all  the  drainage  and 
plumbing  work,  water-closets,  sinks  and  other  receptacles,  in 
and  for  every  lodging-house  shall  be  of  the  form, 
construction,  or  arrangement,  location,  materials,  work- 
manship and  description  as  may  be  required  by  the 
rules  and  regulations  of  the  bureau  of  buildings  of  The 
City  of  New  York.  Every  owner,  lessee  and  occupant  shall 
take  adequate  measures  to  prevent  improper  substances  from 
entering  such  water-closets,  or  sinks,  or  their  connections, 
and  to  secure  the  prompt  removal  of  any  improper  sub- 
stances that  may  enter  them,  so  that  no  accumulation  shall 
take  place,  and  so  as  to  prevent  any  exhalations  therefrom, 


550 


LAWS  OF  NEW  YORK. 


offensive,  dangerous  and  prejudicial  to  life  or  health,  and  so 
as  to  prevent  the  same  from  being  or  becoming  obstructed. 
No  privy,  vault  or  cess-pool  shall  be  allowed  in,  under,  or 
connected  with  any  such  house  except  when  it  is  unavoid- 
able, and  a  permit  therefor  shall  have  been  granted  by  the 
department  of  health,  and  in  such  case  it  shall  be 
constructed  in  such  situation  and  in  such  manner  as  the 
bureau  of  buildings  may  direct.  It  shall  in  all  cases  be 
water-tight  and  arched  or  securely  covered  over,  and  no  offen- 
sive smell  or  gases  shall  be  allowed  to  escape  therefrom,  or  from 
any  closet,  sink  or  privy.  In  all  cases  where  a  sewer  exists  in 
the  street  or  avenue,  upon  which  the  house  or  building 
stands,  the  yard  or  area  shall  be  connected  with  the  sewer, 
so  that  all  water  from  the  roof  or  otherwise,  and  all  liquid 
filth  shall  pass  freely  into  the  sewer.  Where  there  is  no 
sewer  in  the  street  or  avenue,  or  adjacent  thereto,  with  which 
connection  can  be  made,  the  yard  and  area  shall  be  so  graded 
that  all  water  from  the  roof  or  otherwise,  and  all  filth  shall 
flow  freely  therefrom  into  the  street  gutter,  by  a  passage 
beneath  the  sidewalk,  which  passage  shall  be  covered  by  a 
permanent  cover,  so  arranged  as  to  permit  access  to  remove 
obstructions  or  impurities. 

Cellars  and  basements  not  to  be  occupied  for  living  purposes,  ex- 
cept in  certain  cases. 

§  1309.  It  shall  not  be  lawful,  without  a  permit  from  the 
bureau  of  buildings,  to  construct^  during  the  erection  of  a 
lodging-house,  nor  after  the  completion  of  such  lodging- 
house,  any  room  or  rooms  in  any  basement  or  cellar  to  be 
occupied  wholly  or  in  part  as  a  dwelling,  nor  shall  it  be  law- 
ful without  a  permit  from  the  department  of  health  to  let, 
occupy,  or  suffer  to  be  occupied  separately  as  a  dwelling,  any 
vault,  cellar,  or  underground  room,  built  or  rebuilt  after  July 
first,  eighteen  hundred  and  sixty-seven,  or  which  shall  not 
have  been  so  let  or  occupied  before  said  date. 

Cellars  and  vaults  not  to  be  used  for  sleeping=roonis. 

§  13 10.  No  vault,  cellar,  or  underground  room  shall  be  oc- 
cupied as  a  place  of  lodging  or  sleeping,  except  the  same  shall 
be  approved,  in  writing,  and  a  permit  given  therefor  by  the 
board  of  health.  No  wall  paper  shall  be  placed  up- 
on a  wall  or  ceiling  of  any  lodging-house,  unless  all 
wall  paper  shall  be  first  removed  therefrom,  and  said 
wall  and  ceiling  thoroughly  cleansed.     Every  lodging- 


CHARTER  OF  NEW  YORK  CITY.  551 


house,  and  every  part  thereof,  shall  be  kept  clean  and 
free  from  any  accumulations  of  dirt,  filth,  garbage  or  other 
matter  in  or  on  the  same,  or  in  the  yard,  court,  passage,  area 
or  alley  connected  with  it,  or  belonging  to  the  same.  The 
owner  or  keeper  of  any  lodging-house,  shall  thor- 
oughly cleanse  all  the  rooms,  passages,  stairs,  floors,  win- 
dows, doors,  walls,  ceilings,  privies,  cesspools  and  drains  of 
the  house  or  part  of  the  house  of  which  he  is  the  owner  or 
lessee,  to  the  satisfaction  of  the  department  of  health,  so 
often  as  he  shall  be  required  by  or  in  accordance  with  any 
order  of  the  board  of  health  and  any  regulation  or  ordinance 
of  said  department,  and  shall  well  and  sufficiently,  to  the  sat- 
isfaction of  the  said  health  department,  whitewash  the  walls 
and  ceihngs  thereof  once  at  least  in  every  year. 

Certain  occupations  and  business  prohibited. 

§  131 1.  Every  lodging-house  shall  have  the  proper  and 
suitable  conveniences  or  receptacles  for  receiving  garbage  and 
other  refuse  matters.  No  lodging-house  or  premises,  nor  any 
portion  thereof,  shall  be  used  as  a  place  of  storage  fcr  any 
combustible  article,  or  any  article  dangerous  to  life  or  detri- 
mental to  health;  nor  shall  any  horse,  cow,  calf,  swine,  pig, 
sheep  or  goat  be  kept  in  said  house  or  on  the  - premises 
thereof. 

Owners'  names  to  be  registered  in  department  of  health. 

§1312.  Every  owner  of  a  lodging-house  and  every  person 
having  control  of  a  lodging-house,  shall  file  in  the  department 
of  health,  a  notice  containing  his  name  and  address,  and  also 
a  description  of  the  property,  by  street  number  or  otherwise, 
as  the  case  may  be,  in  such  manner  as  will  enable  the  depart- 
ment of  health  easily  to  find  the  same.  In  case  of  a  transfer 
of  any  lodging-house,  it  shall  be  the  duty  of  the  grantor  and 
grantee  of  said  lodging-house  to  file  in  the  depart- 
ment of  health  a  notice  of  such  transfer,  stating  the 
name  of  the  new  owner,  within  thirty  days  after  such  trans- 
fer. In  case  of  the  devolution  of  said  property  by  will,  it 
shall  be  the  duty  of  the  executors  and  of  the  devisee,  if  more 
than  twenty-one  years  of  age,  and  in  case  of  the  devolution 
of  such  property  by  inheritance  without  a  will,  it  shall  be  the 
duty  of  the  heirs,  or  in  case  all  of  the  heirs  are  under  age,  it 
shall  be  the  duty  of  the  guardians  of  such  heirs,  and  in  case 
said  heirs  have  no  guardians,  it  shall  be  the  duty  of  the  ad- 
ministrator of  the  deceased  owner  of  said  property  to  file  in 


553 


LAWS  OF  NEW  YORK. 


said  department  a  notice,  stating  the  death  of  the  deceased 
owner,  and  the  names  of  those  who  have  succeeded  to  his 
interest  in  said  property,  within  thirty  days  after  the  death 
of  said  decedent,  in  case  he  died  intestate,  and  within  thirty 
days  after  the  probate  of  his  will,  if  he  died  testate.  A  failure 
to  file  such  notice  shall  make  said  property,  and  the  owners 
thereof,  liable  to  a  penalty  of  not  less  than  ten  dollars  nor 
more  than  fifty  dollars.  Said  penalty  may  be  recovered  in 
an  action  brought  by  the  health  department,  as  provided  in 
this  act.  Every  person  claiming  to  have  an  interest  in  any 
lodging-house  may  file  his  name  and  address  in  the 
department  of  health.  All  notices  and  orders  of  the 
department  of  health  required  by  law  to  be  served 
in  relation  to  a  lodging-house,  shall  be  served  by  posting  in 
some  conspicuous  place  in  the  house  a  copy  of  the  notice  or 
order,  five  days  before  the  time  for  doing  the  thing  in  rela- 
tion to  which  said  notice  or  order  was  issued.  The  posting 
of  a  copy  of  an  order  or  notice,  in  accordance  with  this 
section,  shall  be  sufficient  service  upon  the  owner  of  the 
property  affected.  It  shall  be  the  duty  of  the  department  of 
health  to  cause  a  copy  of  every  such  notice  or  order  to  be 
mailed,  on  the  same  day  that  it  is  posted  in  the  house,  ad- 
dressed to  the  name  and  address  of  each  person  who  has 
filed  with  the  department  of  health  the  notice  provided  for  in 
this  section. 

Inspection  twice  a  year;  officers  to  have  access. 

§  13 1 3.  It  shall  be  the  duty  of  the  board  of  health  to  cause 
a  careful  inspection  to  be  made  of  every  lodging-house  at 
least  twice  in  each  year.  And  whenever  the  board  of 
health  has  made  any  order  concerning  a  lodging-house 
it  shall  cause  a  reinspection  to  be  made  of  the 
same  within  six  days  after  it  has  been  informed  that  the 
order  has  been  served.  The  keeper  of  any  lodging-house 
and  the  owner,  agent  of  the  owner,  lessee  or  occupant  of  any 
tenement-house,  and  every  other  person  having  the  care  and 
management  thereof,  shall,  at  all  times,  when  required  by 
any  officer  of  the  department  of  health,  or  by  any  officer  upon 
whom  any  duty  is  conferred  by  this  title,  give  him  free  access 
to  such  house,  and  to  every  part  thereof.  The  owner  or 
keeper  of  any  lodging-house,  and  the  owner,  agent  of  the 
owner  and  the  lessee  of  any  tenement-house  or  part  thereof, 
shall,  whenever  any  person  in  such  house  is  sick  of  fever,  or 
of  anv  infectious,  pestilential  or  contagious  disease,  and 


CHARTER  OF  NEW  YORK  CITY.  553 

information  thereof  has  been  given  to  such  owner,  keeper, 
agent  or  lessee,  give  immediate  notice  thereof  to  the  board 
of  health,  or  to  some  officer  of  the  same,  and  thereupon  said 
board  shall  cause  the  same  to  be  immediately  cleansed  or 
disinfected,  at  the  expense  of  the  owner,  in  such  manner  as 
it  may  deem  necessary  and  effectual,  and  it  may  also  cause 
the  blankets,  bedding  and  bed-clothes  used  by  any  such  sick 
person  to  be  thoroughly  cleansed,  scoured  and  fumigated, 
or,  in  extreme  cases,  to  be  destroyed. 

Houses  hereafter  erected  to  comply  with  additional  requirements. 

§  13 14.  No  house  hereafter  erected  shall  be  used  as  a 
lodging-house,  and  no  house  heretofore  erected  and  not  now 
used  for  such  purpose,  shall  be  converted  into,  used,  or 
leased  for  a  lodging-house,  unless,  in  addition  to  the  require- 
ments hereinbefore  contained,  it  conforms  to  requirements 
contained  in  the  following  sections  of  this  title. 

Construction  of  lodging=houses  and  spaces  prescribed  for  building 
the  same. 

§  13 1 5.  It  shall  not  be  lawful,  without  a  permit  from  the 
bureau  of  buildings,  to  alter,  erect  or  convert  to  the  purposes 
of  a  lodging-house,  a  building  on  any  lot  where  there  is  an- 
other building  on  the  same  lot;  nor  shall  it  be  lawful  to  build 
or  to  erect  any  building  on  any  lot  whereon  there 
is  already  a  lodging-house,  unless  there  is  a  clear 
open  space  exclusively  belonging  thereto,  and  extend- 
ing upward  from  the  ground  of  at  least  ten  feet 
between  said  buildings  if  they  are  one  story  high  above 
the  level  of  the  ground;  if  they  are  two  stories  high,  the  dis- 
tance between  them  shall  not  be  less  than  fifteen  feet;  if  they 
are  three  stories  high,  the  distance  shall  not  be  less  than 
twenty  feet;  if  they  are  more  than  three  stories  high,  the  dis- 
tance between  them  shall  not  be  less  than  twenty-five  feet, 
but  when  thorough  ventilation  of  such  open  spaces  can  be 
otherwise  secured,  such  distances  may  be  lessened  or  modi- 
fied in  special  cases  by  a  permit  from  the  bureau  of  buildings. 
At  the  rear  of  every  building  hereafter  erected  for  or  con- 
verted to  the  purposes  of  a  lodging-house  on  any  lot,  there 
shall  be  and  remain  a  clear  open  space  of  not  less  than  ten 
feet  between  it  and  the  rear  end  of  the  lot.  No  one  con- 
tinuous building  hereafter  constructed  shall  be  built  or  con- 
verted to  the  purposes  of  a  lodging-house  in  The  City  of  New 
York,  upon  an  ordinary  city  lot,  and  no  existing  lodging- 


554 


LAWS  OF  NEW  YORK. 


house  shall  be  enlarged  or  altered,  or  its  lot  be  diminished,  so 
that  it  shall  occupy  more  than  sixty-five  per  centum  of  the 
area  of  said  lot,  but  where  the  Hght  and  ventilation,  of  such 
lodging-house  are,  in  the  opinion  of  the  superintendent  of 
buildings,  materially  improved,  he  may  permit  such 
lodging-house  to  occupy  an  area  not  exceeding  sev- 
enty-five per  centum  of  the  said  lot,  and  in  the  same  propor- 
tion if  the  lot  be  greater  or  less  in  size  than  twenty-five  by 
one  hundred  feet ;  but  this  provision  shall  not  apply  to  corner 
lots,  in  which,  however,  no  such  building  hereafter  con- 
structed, above  the  first  story,  shall  occupy  more  than  ninety- 
two  per  centum  of  the  area  of  a  lot,  and  no  such  building  shall 
come  within  five  feet  of  the  rear  of  said  lot,  provided,  further, 
that  in  all  cases,  both  for  corner  and  interior  lots,  the  interior 
courts  or  shafts  shall  not  be  less  than  two  feet  four  inches 
wide  at  their  narrowest  parts.  In  computing  the  amount  of 
the  lot  covered  by  a  building,  any  shaft  or  court  of  less  than 
twenty-five  square  feet  in  area  shall  be  considered  as  part  of 
the  building  and  not  as  part  of  the  free  air  space.  No  shaft 
or  court,  over  ten  square  feet  in  area,  hereafter  constructed  in 
a  lodging-house,  except  elevator  shafts  or  staircase  wells, 
shall  be  covered  with  a  roof,  skylight  or  otherwise.  The  light 
and  ventilation  of  all  buildings  hereafter  erected  for,  or  con- 
verted to  the  purpose  of  lodging-houses,  must  be  provided 
in  accordance  with  the  requirements  of  this  title,  and  the 
conditions  of  a  plan  and  permit  previously  approved  in  writing 
by  the  bureau  of  buildings,  and  no  existing  lodging-house 
shall  be  enlarged  or  altered  or  its  lot  diminished  without  a 
similar  permit.  The  bureau  of  buildings  is  hereby  em- 
powered and  directed  to  make  rules  and  regulations  not 
inconsistent  with  the  requirements  of  this  title,  and  which,  in 
addition  to  the  requirements  of  this  title,  shall  be  the  condi- 
tions of  approval  of  the  plans  and  permits;  the  rules  and 
regulations  shall  govern  the  arrangement  and  distribution  of 
the  uncovered  area,  size,  lighting,  location  and  arrangement 
of  shafts,  rooms,  cellars  and  halls.  In  case  of  any  violation 
of  the  provisions  of  this  section,  or  of  any  failure  to  comply 
with,  or  of  any  violation  of  the  terms  and  conditions  of  the 
plan  for  such  lodging-house  approved  by  the  bureau  of  build- 
ings, or  of  the  conditions  of  the  permits  granted  as  hereinbe- 
fore provided,  or  for  the  air,  light  and  ventilation  of  the  said 
house,  or  premises,  any  court  of  record,  or  any  judge  or  jus- 
tice thereof  shall  have  power,  at  any  time  after  service  of 
notice  of  violation,  or  of  non-compliance,  upon  the  owner, 


CHARTER  OF  NEW  YORK  CITY. 


556 


builder  or  other  person  superintending  the  building  or  con- 
verting any  such  house,  upon  proof  by  affidavit  of  any  viola- 
tion or  non-compliance  as  aforesaid,  or  that  a  plan  for  light 
and  ventilation  of  such  house  has  not  been  approved  by  the 
bureau  of  buildings,  to  restrain  by  injunction  order,  in  any 
action  by  the  bureau  of  buildings,  or  by  the  board  of  health, 
the  further  progress  of  any  violation  as  aforesaid.  No  under- 
taking shall  be  required  as  a  condition  of  granting  an  injunc- 
tion, or  by  reason  thereof. 

Dimensions  and  ventilation  of  rooms. 

§  1316.  In  every  such  house  hereafter  erected  or 
converted  every  habitable  room,  except  rooms  in  the 
attic,  shall  be  in  every  part  not  less  than  eight 
feet  in  height  from  the  floor  to  the  ceiling;  and 
every  habitable  room  in  the  attic  of  any  such  build- 
ing shall  be  at  least  eight  feet  in  height  from  the  floor 
to  the  ceiling,  throughout  not  less  than  one-half  the  area  of 
such  room.  Every  such  room  shall  have  at  least  one  window 
connecting  with  the  external  air,  or  over  the  door  a  ventilator 
of  perfect  construction,  connecting  it  with  a  room  or  hall  which 
has  a  connection  with  the  external  air,  and  so  arranged  as  to 
produce  a  cross-current  of  air.  The  total  area  of  window  or 
windows  in  every  room  communicating  with  the  external  air 
shall  be  at  least  one-tenth  of  the  superficial  area  of  every  such 
room;  and  the  top  of  one,  at  least,  of  such  windows  shall  not 
be  less  than  seven  feet  six  inches  above  the  floor,  and  the  upper 
half,  at  least,  shall  be  made  so  as  to  open  the  full  width.  Every 
habitable  room  of  a  less  area  than  one  hundred  superficial  feet, 
if  it  does  not  communicate  directly  with  the  external  air,  and 
is  without  an  open  fireplace,  shall  be  provided  with  special 
means  of  ventilation,  by  a  separate  air  shaft  extending  to  the 
roof,  or  otherwise,  as  the  board  of  health  may  prescribe. 

Penalties  for  violations  of  provisions. 

§  1 317.  Every  owner  or  other  person  violating  any 
provision  of  this  title  shall  be  guilty  of  a  misdemeanor, 
punishable  by  a  fine  of  not  less  than  ten  dollars,  or  more 
than  one  hundred  dollars,  or  by  imprisonment  for  not 
more  than  ten  days  for  each  and  every  day  that 
siich  violation  shall  continue,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court.  He 
shall  also  be  liable  to  pay  a  penalty  of  ten  dollars  for  each 
day  that  such  offense  shall  continue.    Such  penalty  may  be 


556 


LAWS  OF  NEW  YORK. 


sued  for  and  recovered  by  the  department  of  health  in  any 
civil  tribunal  of  said  city,  and  when  recovered  shall  be  paid 
over  to  the  chamberlain.  In  every  proceeding  for  a  violation 
of  this  title,  and  in  every  such  action  for  a  penalty,  it  shall  be 
the  duty  of  the  owner  of  the  house  to  prove  the  date  of  its 
erection,  or  conversion  to  its  existing  use,  if  that  fact  shall 
become  material,  and  the  owner  shall  be,  prima  facie  the  per- 
son liable  to  pay  such  penalty,  and  after  him  the  person  who  is 
the  lessee  of  the  whole  house,  in  preference  to  the  tenant  or 
lessee  of  a  part  thereof.  In  any  such  action  the  owner,  lessee^ 
and  occupant,  or  any  two  of  them,  may  be  made  defendants, 
and  judgment  may  be  given  against  the  one  or  more  shown 
to  be  liable,  as  if  he  or  they  were  sole  defendant  or  defendants. 
No  part  of  chapter  two  hundred  and  seventy-hve  of  the  laws 
of  eighteen  hundred  and  ninety-two,  or  of  any  other  act  shall 
be  so  construed  as  to  abrogate  or  impair  the  power  of  the 
department  of  health  to  sue  for  and  recover  such  a  penalty 
whether  the  liability  to  pay  said  penalty  shall  arise  from  a 
violation  of  the  laws,  or  ordinances  or  sections  of  the  sanitary 
code,  in  regard  to  light,  ventilation,  plumbing  and  drainage, 
so  far  as  the  same  affects  the  sanitary  condition  of  the  prem- 
ises; and  except  that  the  bureau  of  buildings  shall  have  juris- 
diction and  cognizance  over  all  matters  and  things  in  this 
title  contained  which  relate  to  the  construction  or  alteration 
of  buildings  or  structures,  or  any  part  thereof,  and  as  to  the 
light,  ventilation,  drainage  and  plumbing  of  such  buildings 
when  in  process  of  construction  or  alteration.  Any  penalty 
herein  above  mentioned  for  a  violation  of  the  provisions  of 
this  title,  in  respect  to  the  matter  aforesaid,  within  the  juris- 
diction and  cognizance  of  the  bureau  of  buildings,  shall  be 
sued  for  and  recovered  in  the  same  manner  as  the  violations 
of  the  building  laws  of  The  City  of  New  York  are  now  sued 
for  and  recovered  by  the  bureau  of  buildings,  and  said  penalty 
so  collected  shall  be  paid  to  the  chamberlain  of  The  City  of 
New  York  to  be  applied  as  other  penalties  collected  by  said 
department  are  applied. 

Power  of  bureau  of  buildings  and  of  board  of  health  to  make  other 
regulations  relative  to  lodging=houses. 

§  1318.  The  bureau  of  buildings  shall  have  authority  to 
make  other  regulations  as  to  light  and  ventilation  of  all  new 
lodging  houses  consistent  with  the  foregoing,  when  it  shall 
be  satisfied  that  such  regulations  will  secure  equally 
well   the  health  and   safety  of  the  occupants;  likewise 


CHARTER  OF  NEW  YORK  CITY.  557 


the  board  of  health  shall  have  authority  to  make 
other  regulations  as  to  cellars  and  as  to  ventilation 
in  completed  lodging  houses,  consistent  with  the  fore- 
going, where  it  shall  be  satisfied  that  such  regula- 
tion^  will  secure  equally  well  the  health  of  the  occu- 
pants. The  board  of  health  shall  have  power  to  ap- 
point all  the  officers  and  agents  of  the  department  of  health, 
of  whatever  name  or  character  soever,  and  shall  have  exclusive 
charge  and  control  of,  and  the  exercise  of,  all  the  rights, 
powers,  duties  and  privileges  of  said  department,  and  for  this 
purpose  the  terms  board  of  health  "  and  department  of 
health,"  as  used  in  this  chapter,  shall  be  deemed  synonymous. 

TITLE  8. 

The  Health  Department  Pension  Fund. 

Board  of  trustees  of  health  department  pension  fund. 

§  1 3 19.  The  board  of  health  of  the  health  depart- 
ment of  The  City  of  New  York  is  hereby  con- 
stituted, and  shall  be  a  board  of  trustees  of  the 
health  department  pension  fund  heretofore,  and  here- 
in, authorized  and  provided  for.  The  members  of 
said  board  of  health  shall  annually  choose  one  of  their 
number  to  be  chairman  of  the  board  of  trustees  of  the  health 
department  pension  fund,  and  shall  from  time  to  time  elect  a 
secretary.  Immediately  upon  organization,  said  board  of 
trustees  shall  receive  and  have  charge  of  the  pension  fund,  or 
funds  heretofore  authorized,  and  in  existence  in  any  health 
department,  municipality,  or  county,  forming  a  part  of  The 
City  of  New  York,  provided  for  officers,  physicians,  and  em- 
ployes in  the  health  department  service,  and  such  board  of 
trustees  shall  have  charge  of,  and  administer  the  pension 
fund  authorized  and  provided  for  herein.  From  time  to 
time  the  said  board  of  trustees  shall  invest  the  said  pension 
fund  or  any  part  thereof,  as  it  shall  deem  most  beneficial 
to  the  fund.  Said  board  is  empowered  to  make  all 
necessary  contracts  and  take  all  necessary  and  proper  actions 
and  proceedings  in  the  premises,  and  to  make  payment  from 
said  fund  of  pensions  granted  in  pursuance  of  this  act.  The 
said  trustees  shall,  from  time  to  time,  establish  such  rules 
and  regulations  for  the  administration  of  the  said  fund  as 
they  may  deem  best.  They  shall  report  in  detail 
to  the  mayor  of  The  City  of  New  York  annually  in  the  month 


558' 


LAWS  OF  NEW  YORK. 


of  January,  the  condition  of  said  fund  and  the  items  of  their 
receipts  and  disbursements  on  account  of  the  same.  No  pay- 
ments whatever  shall  be  allowed  to,  or  made  by,  such  trustees 
as  reward,  gratuity,  or  compensation  to  any  person  for  salary 
or  services  rendered  to,  or  for,  said  board  of  trustees. 

What  moneys  shall  be  included  in  pension  fund. 

§  1320.  The  health  department  pension  fund  shall  consist 
of: 

1.  All  moneys  paid  for  searches  and  transcripts  of  the 
records  of  births,  marriages  and  deaths,  or  other  papers  of 
said  department  of  health. 

2.  All  moneys  collected  from  fines  and  penalties  for  viola- 
tions of  the  sanitary  code  or  health  laws  in  The  City  of  New 
York. 

3.  All  said  moneys,  including  the  fines  and  penalties  directed 
in  section  twelve  hundred  and  twenty-two  of  this  act,  to  be 
paid  to  the  comptroller  shall,  within  thirty  days  after  collection 
of  payment,  be  paid  over  by  the  department,  officers,  clerks, 
magistrates  and  courts  receiving  and  collecting  the  same  to 
the  said  board  of  trustees  of  the  health  department  pension 
fund. 

Pension  for  physician  or  employe  disabled  by  reason  of  perform- 
ance of  duty. 

§  1 32 1.  The  board  of  trustees  of  said  fund  shall  have  power 
to  grant  as  pension  to  any  physician  or  employe  in  the  health 
department  of  The  City  of  New  York,  who  shall,  as  a  con- 
sequence of  the  actual  performance  of  his  duty,  and  without 
any  fault  or  misconduct  on  his  part,  have  become  per- 
manently disabled  physically  or  mentally,  so  as  to  be  unfit 
to  perform  full  duty,  a  sum  not  to  exceed  one-half,  nor  less 
than  one-fourth  of  his  rate  of  compensation  per  annum  as 
such  physician  or  employe,  as  the  case  may  be. 

Pensions  to  personal  representatives  of  physician  or  employe  who 
shall  die  from  disease  or  injuries  suffered  in  consequence  of  his 
performance  of  duty. 

§  1322.  Whenever  such  physician  or  employe  shall  die  while 
in  the  service  of  the  health  department  from  disease  con- 
tracted or  injuries  sustained  by  him  as  a  consequence  of  the 
actual  performance  of  his  duty,  without  any  fault  or 
misconduct  on  his  part,  leaving  a  widow,  the  said 
board    of   trustees    of    said    pension    fund    may  grant, 


CHARTER  OF  NEW  YORK  CITY. 


559 


award  or  pay  to  the  widow  of  said  physician  or  employe 
the  sum  of  three  hundred  dollars  annually,  during  her  Ufe, 
so  long  as  she  remains  a  widow;  and  if  there  be  no  widow 
of  any  such  physician  or  employe,  but  he  shall  leave 
minor  children  under  eighteen  surviving  him,  then  said  three 
hundred  dollars  may  be  given,  awarded  and  paid  to  said 
children  under  eighteen  years  ot  age. 

Certificate  required  in  certain  cases. 

§  1323.  No  physician  or  employe,  as  aforesaid,  of  the  health 
department,  shall  be  awarded,  granted  or  paid  a  pension  on 
account  of  physical  or  mental  disability  or  disease,  unless 
upon  certificate  and  report  of  a  board  of  physicians,  to  be 
appointed  by  the  board  of  health,  which  shall  set  forth  the 
cause,  nature  and  extent  of  the  disability,  disease  or  injury 
of  such  physician  or  employe,  who  may  be  placed  on  the 
pension  roll,  and  such  certificate  shall  distinctly  state  whether 
or  not  such  disability,  disease  or  injury  was  incurred  or  sus- 
tained by  such  physician  or  employe  while  in  the  perform- 
ance of  his  duties  as  such  physician  or  employe  of  the 
health  department,  and  such  certificate  shall,  in  such  case,  be 
filed  with,  and  entered  upon  the  minutes  of  the  board  of  health. 

Pension  for  twenty  years'  service. 

§  1323a.  Any  physician  or  employe  who  has  or  shall  have 
performed  duty  as  such  physician  or  employe  in  any  depart- 
ment of  health  in  The  City  of  New  York,  for  a  period 
of  twenty  years,  or  upward,  upon  his  own  application, 
in  writing,  or  upon  a  certificate  and  report  of  a  board 
of  physicians,  appointed  by  the  board  of  health,  certify- 
ing that  such  physician  or  employe  is  permanently  disabled, 
so  as  to  be  unfit  for  further  duty  as  such  physician  or  em- 
ploye, shall  be  retired  from  active  service  by  resolution  of  the 
board  oi  health  of  the  health  department  of  The  City  of  New 
York,  and  placed  upon  the  health  department  pension  roll, 
and  thereupon  shall  be  awarded,  granted  and  paid  from  said 
health  department  pension  fund  by  the  trustees  thereof,  an 
annual  sum  during  his  lifetime  not  exceeding  one-half  the 
ordinary  full  pay  of  a  physician  or  employe  in  the  health  de- 
^  partment  service,  of  the  rank  of  the  physician  or  employe  so 
retired,  provided,  however,  that  no  pension  granted  under 
this  or  the  preceding  sections,  shall  exceed  the  sum  of 
twelve  hundred  dollars  per  annum.  Pensions  granted 
under  this  section  shall  be  for  the  natural  life  of  the  person 


560 


LAWS  OF  NEW  YORK. 


receiving  the  same,  and  shall  not  be  revoked,  repealed  or 
diminished.  In  determining  the  term  of  service  of  any  such 
physician  or  employe,  under  this  section,  service  in  former 
health  departments  or  board  of  health  having  jurisdiction  in 
matters  of  pubHc  health  in  any  part  of  The  City  of  New  York, 
as  constituted  by  this  act,  shall  be  counted  and  held  to  be 
service  in  the  department  of  health  of  The  City  of  New  York. 

Order  of  discontinuance  of  pension  in  certain  cases. 

§  1324.  The  board  of  health  may,  in  its  dis- 
cretion, order  any  pension  granted  or  any  part 
thereof  to  cease,  except  as  provided  in  the  last 
preceding  section,  but  in  all  such  cases  the  said 
board  of  health,  shall  file  with  the  board  of  trustees 
of  the  health  department  pension  fund,  a  written  state- 
.ment  of  the  causes  determining  the  action  of  the  said  board 
of  health  in  ordering  any  pension  to  so  cease ;  and  nothing  in 
this  act  or  in  any  other  act,  shall  render  the  granting  or  pay- 
ment of  such  pension  obligatory  on  the  board  of  health,  or 
upon  the  trustees  of  the  health  department  pension  fund, 
or  chargeable  as  a  matter  of  right  upon  said  fund,  except  as 
provided  in  the  last  preceding  section. 

This  chapter  a  remedial  statute;  construction. 

§  1325.  This  chapter  is  hereby  declared  to  be  a  remedial 
statute  and  is  to  be  construed  liberally  to  secure  the  beneficial 
interests  and  purposes  thereof.  Nothing  herein  contained 
shall  be  construed  to  affect  any  suit  or  proceeding  now  pend- 
ing in  any  court,  or  any  rights  acquired  or  liability  incurred, 
or  any  cause  or  causes  of  action  accrued  or  existing,  whether 
for  a  penalty  or  otherwise,  under  any  act  repealed  or  amended 
by  this  act.  Wherever  the  bureau  of  buildings  is  referred 
to  in  this  chapter  the  provisions  relating  thereto  shall  be  held 
to  apply  to  such  bureau  as  established  by  the  president  of 
any  borough  within  the  borough,  or  to  said  president  of  a 
borough  when  no  such  bureau  has  been  established  by  him. 
All  acts  and  parts  of  acts  in  conflict  with  this  chapter  or  any 
part  thereof  are  hereby  repealed. 

CHAPTER  XIXa. 
Tenement  House  Department. 

Title  I.  Organization  of  department;  officers  and  employes. 

2.  Powers  and  duties  of  department. 

3.  Records  and  reports;  miscellaneous  provisions. 


CHARTER  OF  NEW  YORK  CITY.  56J 


TITLE  I, 

Organisation  of  Department;  Bureaus;  OMcers  and  Employes. 

Department  created;  tenement  house  commissioner. 

§  1326.  The  head  of  the  tenement  house  department  shall 
be  called  the  tenement  house  commissioner.  He  shall  be 
appointed  by  the  mayor,  and  shall  hold  office  as  provided  in 
chapter  four  of  this  act.  His  salary  shall  be  seven  thousand 
five  hundred  dollars  a  year. 

Deputy  commissioner. 

§  1327.  The  commissioner  shall  have  power  to  appoint  and 
in  his  discretion  to  remove  not  more  than  two  deputies,  to  be 
known  as  first  deputy,  and  second  deputy,  and  shall  define 
their  duties.  The  first  deputy  shall  during  the  absence  or 
disability  of  the  commissioner  possess  all  the  powers  and  per- 
form all  the  duties  of  the  commissioner  except  the  power 
of  making  appointments.  In  the  absence  or  disability  of 
both  the  commissioner  and  the  first  deputy,  the  second 
deputy  shall  possess  all  the  powers  and  perform  all  the  duties 
of  the  commissioner,  except  the  power  of  making  appoint- 
ments. The  salaries  of  such  deputies  shall  be  four  thousand 
dollars  a  year  each. 

Bureaus;  divisions  of  department  for  Brooklyn,  Queens  and  Rich« 
mond. 

§  1328.  There  shall  be  in  the  tenement  house  department, 
(i)  a  new  building  bureau;  (2)  an  inspection  bureau;  (3)  a 
bureau  of  records;  and  such  other  bureaus  as  the  commis- 
sioner may  deem  necessary.  A  separate  division  of 
the  department  may  be  established  in  the  borough 
of  Brooklyn,  with  jurisdiction  over  tenement  houses 
in  the  borough  of  Brooklyn,  and  also  in  the  discretion 
of  the  commissioner  over  tenement  houses  in  the  boroughs 
of  Queens  or  Richmond,  or  both.  The  commissioner  may 
designate  the  deputy  commissioner  or  some  other  officer  of 
the  department  as  the  executive  head  of  such  division,  who 
shall  perform  such  duties  and  possess  such  powers  as  may 
be  delegated  to  him  by  the  commissioner.  A  branch  of  each 
of  the  bureaus  above  specified  may  be  established  in  such 
division. 


562 


LAWS  OF  NEW  YORK. 


Officers  and  employes. 

§  1329.  The  tenement  house  commissioner,  withhi  the  lim- 
its of  his  appropriation,  shall  have  power  to  appoint  and  re- 
move, subject  to  the  requirements  of  the  civil  service  laws, 
such  subordinate  officers,  assistants  and  employes  as  may  be 
necessary  for  the  efficient  performance  of  his  duties 
as  said  commissioner.  In  the  new  building  bureau 
there  shall  be  not  less  than  three  plan  examiners 
and  not  less  than  sixteen  inspectors  of  light  and 
ventilation.  In  the  inspection  bureau  there  shall  be 
not  less  than  one  hundred  and  ninety  inspectors,  includ- 
ing such  persons  as  may  be  detailed  by  the  police  commis- 
sioner for  service  in  the  tenement  house  department.  The 
commissioner  shall  appoint  a  chief  inspector  and  deputy  chief 
inspector  over  such  bureau.  In  the  other  bureaus  there  shall 
be  such  registrars,  clerks  and  employes  as  are  necessary  to 
perform  the  duties  thereof.  All  such  officers  and  employes 
shall  be  subject  to  the  supervision  and  control  of  the  commis- 
sioner, and  shall  perform  such  duties  as  are  assigned  by  him. 
Such  commissioner  may  make  regulations  governing  each 
such  bureau,  and  branch  thereof,  not  inconsistent  with  law. 

Duties  of  bureaus. 

§  1330.  The  new  building  bureau  shall  file,  record  and  ex- 
amine plans  and  specifications  for  the  light  and  ventilation  of 
tenement  houses  hereafter  altered  or  erected,  and  of  build- 
ings to  be  altered  or  reconstructed  for  use  as  tenement 
houses.  It  shall  inspect  all  such  houses  and  buildings  in  the 
course  of  construction  or  alteration,  and  record  all 
violations  of  the  tenement  house  act  in  respect  thereto. 
The  inspection  bureau  shall  inspect  all  completed  tenement 
houses,  and  record  all  violations  of  the  tenement  house  laws 
and  ordinances.  The  commissioner  shall  prescribe  the  duties 
of  the  inspectors  connected  with  such  bureau,  and  may  as- 
sign them  to  such  part  of  the  city  as  he  may  deem  best. 
The  bureau  of  records  shall  contain  records  of  every  tenement 
house  in  the  city,  to  be  kept  in  the  manner  and  form  pre- 
scribed by  the  commissioner.  Such  other  bureaus  as  may  be 
organized  by  the  commissioner  shall  perform  the  duties  pre- 
scribed by  him,  and  he  may  assign  thereto  such  employes  as 
may  be  necessary. 

Offices  and  expenses. 

§  1 33 1.  The  commissioner  may  provide  offices  for  the  use 
of  the  department,  its  bureaus  and  the  branches  thereof. 


OHAKTER  OF  NEW  YORK  CITY. 


503 


Such  commissioner  may,  subject  to  the  other  provisions  of 
this  act,  make  such  incidental  and  additional  expenditures, 
having  due  regard  to  economy,  as  the  purposes  and  provi- 
sions of  this  chapter  may  require.  He  may  provide  that  the 
failure  of  an  inspector,  ofhcer  or  employe  of  the  department 
to  properly  perform  his  duty  shall  cause  a  forfeiture  of  the 
whole  or  any  part  of  the  salary  or  compensation  of  such  in- 
spector, officer  or  employe. 

Seal. 

§  1332.  The  commissioner  may  design  and  adopt  a  seal 
for  the  department,  and  cause  the  same  to  be  used  in  the  au- 
thentication of  the  orders  and  proceedings  of  the  department, 
and  for  such  other  purposes  as  he  may  prescribe.  The  courts 
shall  take  judicial  notice  of  such  seal,  and  of  the  signature  of 
the  commissioner  and  deputy  commissioner  of  such  depart- 
ment. 

Annual  report* 

§  1333.  The  commissioner  shall  make  an  annual  report  at 
some  time  prior  to  the  first  day  of  March  of  each  year  to  the 
mayor  of  the  city  of  New  York  of  all  the  operations  of  his 
department  for  the  year  ending  on  the  preceding  thirty-first 
day  of  December.  Such  report  shall,  if  ordered  by  the 
mayor,  be  published  in  the  City  Record,  and  shall  also  be 
published  in  book  form  for  public  information.  The  mayor 
may,  at  any  time,  call  for  a  fuller  report,  or  for  a  report  upoi. 
any  portion  of  the  w^ork  of  said  department,  whenever  he 
deems  it  for  the  public  good  so  to  do. 

Publication  of  statistics  and  other  data. 

§  1334.  The  commissioner  may  provide  for  the  publicity  of 
the  papers,  files,  reports,  records  and  the  proceedings  of  his 
department,  whenever  he  deems  it  necessary  for  the  public 
good  and  public  service.  There  shall  be  kept  in  such  depart- 
ment statistics  of  all  tenement  houses,  which  shall  be  con- 
tained in  the  annual  report  of  such  department. 

Uniforms  and  badges. 

§  1335.  The  commissioner  may  provide  or  designate  a  suit- 
able uniform  to  be  worn  by  inspectors.  He  may  also  provide 
a  badge  of  metal,  with  a  suitable  inscription  thereon,  and 
require  it  to  be  worn  by  the  inspectors  and  officers  of  the 
department^ 


564 


LAWS  OF  NEW  YORK. 


Reports  of  inspectors. 

§  1336.  Each  of  such  inspectors  shall  report  in  writing,  at 
least  once  in  each  week,  to  the  commissioner.  The  form, 
manner  and  scope  of  such  reports  shall  be  prescribed  by  the 
commissioner.   Such  reports  shall  be  filed  in  the  department. 

Proofs,  affidavits  and  oaths. 

§  1337-  Proofs,  affidavits  and  examinations  as  to  any  mat- 
ter arising  in  connection  with  the  performance  of  any  of  the 
duties  of  the  tenement  house  department  may  be  taken  by  or 
before  the  tenement  house  commissioner,  or  his  deputy,  or 
such  other  person  as  he  may  designate;  and  such  commis- 
sioner, deputy  or  other  person  may  administer  oaths  in  con- 
nection therewith. 

Complaint  book. 

§  1338.  The  commissioner  shall  cause  to  be  kept  in  his 

department  a  general  complaint  book,  or  several  such  books, 
in  which  may  be  entered  by  any  person  any  complaint  in 
reference  to  tenement  houses,  with  the  name  and  residence  of 
the  complainant,  the  name  of  the  person  complained  of,  the 
date  of  the  entry  of  the  complaint  and  suggestions  of  any 
proper  remedy.  Such  book  shall  be  open  to  public  examina- 
tion during  the  office  hours  of  the  department,  subject  tc 
such  regulations  as  the  commissioner  may  prescribe.  The 
tenement  house  commissioner  shall  cause  the  facts  in  regard 
to  all  complaints  to  be  investigated. 

Attorneys. 

§  1339.  The  corporation  counsel  shall  assign  to  such  de- 
partment such  assistant  counsel  as  may  be  needful,  in  the 
manner  provided  by  chapter  seven  of  this  act. 

TITLE  2. 

Powers  and  Duties  of  Department 

General  powers  and  duties. 

Section  1340.  All  the  rights  and  powers  possessed  by  the 
health  department  of  the  city  of  New  York  with  respect  to  the 
sanitary  inspection  of  tenement  houses  are  hereby  conferred 
upon  the  tenement  house  department;  and  the  tenement 
house  department  is  hereby  charged  with  the  duty  of  enforc- 
ing all  the  provisions  of  the  tenement  house  act,  except  that 
sections  eleven  to  twenty-eight,  inclusive,  and  sections  thirty- 


CHARTER  OF  NEW  YORK  CITY. 


565 


three,  thirty-four,  thirty-seven,  thirty-eight  and  thirty-nine  of 
said  act  shall  be  enforced  by  the  bureaus  of  buildings  of  their 
respective  boroughs.  The  names  of  owners,  lessees  and 
agents,  and  persons  having  control  of  tenement  houses"shall 
be  filed  in,  and  the  taxpayers'  request  for  the  institution  of 
an  action  for  a  lien  upon  a  tenement  house  shall  be  presented 
to  the  tenement  house  department  instead  of  to  the  depart- 
ment of  health.  Nothing  herein  contained  shall  abrogate  or 
impair  the  existing  powers  of  the  department  of  health  of  the 
city  of  New  York.  The  tenement  house  department  shall 
have  the  powers  and  shall  perform  the  duties  specified  in  this 
chapter. 

Transfer  of  powers  of  other  departments. 

§  1 341.  Such  rights,  powers  and  duties  as  are  now  pos- 
sessed by  the  fire  department  and  police  department  of  The 
City  of  New  York  with  respect  to  the  prevention  of  incum- 
brance or  obstruction  of  fire  escapes  on  tenement  houses  are 
hereby  transferred  to  and  conferred  upon  the  tenement  house 
department.  All  rights,  powers  and  duties  now  possessed 
by  the  department  of  buildings  and  the  department  of  health 
of  The  City  of  New  York  with  respect  to  the  light  and  ventila- 
tion of  tenement  houses,  and  with  respect  to  the  equipment 
of  completed  tenement  houses  with  fire  escapes,  are  trans- 
ferred to  and  conferred  upon  the  tenement  house  depart- 
ment. 

Approval  of  plans  and  specifications  for  light  and  ventilation. 

§  1342.  Before  the  construction  or  alteration  of  a  tene- 
ment house,  or  the  alteration  or  conversion  of  a  building  for 
use  as  a  tenement  house,  is  commenced,  the  owner,  or  his 
agent  or  architect,  shall  submit  to  the  tenement  house  de- 
partment a  detailed  statement  in  writing,  verified  by  the  per- 
son making  the  same,  of  the  specifications  for  the  Hght  and 
ventilation  of  such  tenement  house  or  building,  upon  a  blank 
or  form  to  be  furnished  by  such  department,  and  also  a  full 
and  complete  copy  of  the  plans  of  such  work.  Such  state- 
ment shall  give  in  full  the  name  and  residence,  by  street  and 
number,  of  the  owner  or  owners  of  such  tenement  house  or 
building.  If  such  construction,  alteration,  or  conversion,  is 
proposed  to  be  made  by  any  other  person  than  the  owner  of 
the  land  in  fee,  such  statement  shall  contain  the  full  name 
and  residence,  by  street  and  number,  not  only  of  the  owner 
of  the  land,  but  of  every  person  interested  in  such  tenement 


566 


LAWS  OF  NEW  YORK, 


house,  either  as  owner,  lessee  or  in  any  representative  ca- 
pacity. The  statements  herein  provided  for  may  be  made 
by  the  owner,  or  the  person  who  proposes  to  make  the  con- 
struction, alteration  or  conversion,  or  by  his  agent  or  archi- 
tect. No  person,  however,  shall  be  recognized  as  the  agent 
of  the  owner,  unless  he  shall  file  with  the  tenement  house  de- 
partment a  written  instrument,  signed  by  such  owner,  desig- 
nating him  as  such  agent.  Such  specifications,  plans  and 
statements  shall  be  filed  in  the  office  of  the  tenement  house 
department  and  shall  be  deemed  public  records,  but  no  such 
specifications,  plans  or  statements  shall  be  removed  from 
said  department.  The  commissioner  shall  cause  all  such  plans 
and  specifications  to  be  examined.  If  such  plans  and  specifi- 
cations conform  to  the  provisions  of  the  tenement  house  act, 
they  shall  be  approved  by  such  commissioner,  and  a  written 
certificate  to  that  efifect  shall  be  issued  to  the  person  sub- 
mitting the  same.  The  commissioner  may,  from  time  to 
time,  approve  changes  in  any  plans  and  specifications  pre- 
viously approved  by  him,  provided  the  plans  and  specifica- 
tions when  so  changed  shall  be  in  conformity  with  law. 
The  construction,  alteration  or  conversion  of  such  tene- 
ment house  or  building,  or  any  part  thereof,  shall  not  be 
commenced  until  the  filing  of  such  specifications,  plans  and 
statements,  and  the  approval  thereof  by  the  tenement  house 
commissioner,  as  above  provided.  No  permit  shall  be 
granted  and  no  plan  approved  by  the  bureau  of 
buildings  of  any  borough  of  the  city  of  New*  York 
for  the  construction  or  alteration  of  a  tenement  house,  or  for 
the  alteration  or  conversion  of  any  building  for  use  as  a  tene- 
ment house,  until  there  has  been  filed  in  such  bureau  of  build- 
ings a  certificate  of  the  tenement  house  commissioner,  issued 
as  above  provided. 

Inspection  of  tenement  houses  in  course  of  construction. 

§  1343.  The  commissioner  shall  cause  an  inspection  and 
examination  to  be  made  of  all  tenement  houses  in  the  course 
of  construction  or  alteration,  and  also  of  all  buildings  in 
course  of  alteration  or  conversion  for  use  as  tenement  houses, 
for  the  purpose  of  ascertaining  whether  such  tenement  houses 
or  buildings  are  being  constructed,  altered  and  converted  in 
conformity  with  the  law,  and  the  plans  and  specifications  on 
file  in  the  office  of  the  department,  and  approved  by  the  com- 
missioner. 


CHARTER  OF  NEW  YORK  CITY. 


567 


Certificate  to  owner  of  tenement  house  hereafter  erected  or  altered. 

§  1344.  No  building  hereafter  constructed  as  or  altered 
into  a  tenement  house  shall  be  occupied  in  whole  or  in  part 
for  human  habitation,  until  the  issuance  of  a  certificate  by 
the  tenement  house  commissioner  that  said  building  con- 
forms in  all  respects  to  the  provisions  of  the  tenement  house 
act  not  excepted  in  section  thirteen  hundred  and  forty  of  this 
act;  and  of  a  certificate  by  the  superintendent  of  buildings 
of  the  borough  in  which  the  building  is  situated  that  the 
building  conforms  in  all  respects  to  the  requirements  of  said 
excepted  sections.  Such  certificates  shall  be  issued  within 
ten  days  after  written  application  therefor,  if  said  building 
at  the  date  of  such  application  shall  be  entitled  thereto.  If 
any  building  hereafter  constructed  as  or  altered  into  a  tene- 
ment house  be  occupied  in  whole  or  in  part  for  human 
habitation  without  such  certificates,  during  such  unlawful  oc- 
cupation any  bond  or  note  secured  by  a  mortgage  upon  said 
building,  or  the  lot  upon  which  it  stands,  may  be  declared 
due  at  the  option  of  the  mortgagee.  No  rent  shall  be  re- 
coverable by  the  owner  or  lessee  of  such  premises  for  said 
period,  and  no  action  or  special  proceeding  shall  be  main- 
tained therefor,  or  for  possession  of  said  premises  for  non- 
payment of  such  rent.  The  department  of  water  supply 
shall  not  permit  water  to  be  furnished  in  any  such  tenement 
house,  and  said  premises  shall  be  deemed  unfit  for  human 
habitation,  and  the  tenement  house  commissioner  shall  cause 
them  to  be  vacated  accordingly. 

Inspection  of  completed  tenement  houses. 

§  1344a.  Except  as  hereinaftei  otherwise  provided,  the 
tenement  house  commissioner  shall  cause  an  inspection  of 
every  completed  tenement  house  in  the  city  to  be  made  at 
least  once  in  each  month.  Such  inspection  shall  include  ex- 
amination of  cellars,  halls,  water-closets,  privies,  plumbing, 
yards,  areas,  fire  escapes,  roofs,  shafts,  courts,  tanks  and  all 
other  parts  of  such  tenement  houses  and  the  premises  con- 
nected therewith.  In  tenement  houses  where  the  average 
rental  of  the  apartments  therein  is  twenty-five  dollars  a 
month  or  more,  such  inspection  may  be  made  less  often  than 
once  a  month,  as  above  provided,  in  the  discretion  of  the 
tenement  house  commissioner.  The  tenement  house  com- 
missioner shall  prescribe  the  manner  in  which  such  inspec- 
tions shall  be  made.  The  inspectors  shall  immediately  report 
to  the  tenement  house  department  all  violations  of  the  tene- 


568 


LAWS  OF  NEW  YORK. 


nient  house  act,  and  the  tenement  house  comniissioner  shall 
issue  such  orders  as  he  may  deem  necessary  requiring  the  re- 
moval of  the  defect  or  the  cessation  of  the  act  which  is  in 
violation  of  such  lav^. 

Injunctions,  when  to  be  granted  against  the  department. 

§  1344b.  No  preliminary  injunction  shall  be  granted 
against  the  tenement  house  department  or  its  officers  except 
by  the  supreme  court,  at  a  special  term  thereof,  after  service 
of  at  least  five  days*  notice  of  the  motion  for  such  injunction, 
together  with  copies  of  the  papers  upon  which  the  motion 
for  such  injunction  is  to  be  made.  Whenever  such  depart- 
ment shall  seek  any  provisional  remedy  or  shall  prosecute  an 
appeal,  it  shall  not  be  necessary,  before  obtaining  or  prose- 
cuting the  same,  to  give  an  undertaking. 

Power  of  attorney  for  the  department. 

§  1344c.  The  counsel  assigned  by  the  corporation  counsel 
to  the  tenement  house  department  shall  sue  for  and  collect 
all  penalties,  and  take  charge  of  and  conduct  all  legal  pro- 
ceedings imposed  or  provided  by  this  chapter,  or  by  the  tene- 
ment house  act,  and  all  other  tenement  house  laws,  regula- 
tions and  ordinances.    All  suits  or  proceedings  instituted  for 
the  enforcement  of  the  several  provisions  of  this  chapter,  or 
for  the  recovery  of  penalties  imposed  by  the  tenement  house 
act,  shall  be  brought  in  the  name  of  the  tenement  house  de- 
partment of  The  City  of  New  York,  by  such  counsel  The 
penalties  recovered  shall  be  paid  to  such  counsel.    He  shall 
on  the  first  of  each  month  render  to  the  commissioner  an 
itemized  statement  of  all  moneys  collected  by  him,  and  pay 
over  the  same  to  the  tenement  house  commissioner.  He 
shall  at  the  same  time  render  a  statement  of  the  necessary 
disbursements  incurred  or  paid  in  the  prosecution  of  the 
actions  and  proceedings  instituted  by  him.    The  tenement 
house  commissioner  shall  pay  monthly  the  amount  of  such 
moneys  so  collected  to  the  comptroller  of  The  City  of  New 
York. 

No  personal  liability. 

§  I344d.  An  officer  or  employe  of  the  tenement  house  de- 
partment shall  not  be  liable  for  acts  done  by  him,  in  good 
faith,  in  the  performance  of  his  official  duties,  pursuant  to  the 
direction  of  the  commissioner  or  the  rules  and  regulations 
of  the  department.    Any  person  whose  property  has  been 


CHARTER  OF  NEW  YORK  CITY. 


569 


unjustly  or  illegally  destroyed  or  injured  pursuant  to  the 
order,  regulation  or  ordinance  of  such  tenement  house  de- 
partment, or  its  officers  or  employes,  for  which  no  personal 
liability  exists  as  aforesaid,  may  maintain  a  proper  action 
against  the  city  for  the  recovery  of  the  proper  compensation 
or  damage.  Every  such  suit  shall  be  brought  within  six 
months  after  the  cause  of  action  arose,  and  the  recovery  shall 
be  limited  to  the  damages  sufifered. 

Right  of  entry  of  officers  of  department. 

§  i344e.  The  tenement  house  commissioner  and  his 
deputies  and  all  inspectors  of  the  tenement  house  department, 
and  such  other  persons  as  are  authorized  by  the  commis- 
sioner, may  without  fee  or  hindrance  enter,  examine  and  sur- 
vey all  premises,  grounds,  erections,  structures,  apartments, 
buildings  and  every  part  thereof  in  the  city,  and  all  cellars 
and  passages  of  every  sort,  and  inspect  the  safety  and  sanitary 
condition,  and  make  plans,  drawings  and  descriptions  thereof, 
according  to  the  regulations  of  the  department.  The  owner 
or  his  agent  or  representative  and  the  lessee  or  occupant  of 
every  tenement  house  or  part  thereof,  and  every  person  hav- 
ing the  care  and  management  thereof,  shall  at  all  times,  when 
required  by  any  of  such  officers  or  persons,  give  them  free 
access  to  such  house  and  every  part  thereof. 

Punishment  for  false  returns  and  deceptive  reports. 

§  I344f.  Any  inspector,  officer  or  employe  of  such  tene- 
ment house  department  who  shall  knowingly  make  thereto 
a  false  or  deceptive  report  or  statement  in  connection  with 
his  duties,  or  shall  accept  or  receive  any  bribe  or  other  com- 
pensation as  a  condition  of  or  an  inducement  for  not  faith- 
fully discovering  or  fully  reporting  or  otherwise  acting  in  ac- 
cordance with  his  duty  in  any  respect,  or  shall  accept  or  re- 
ceive any  gratuity  from  any  person  whose  interests  ma}^  be 
affected  by  his  official  action,  shall  be  guilty  of  a  misdemea- 
nor and  punishable  by  imprisonment  for  not  more  than  one 
year  and  by  a  fine  of  not  more  than  five  hundred  dollars.  If 
such  officer,  inspector  or  employe  be  convicted  of  such  of- 
fense, he  shall  forfeit  his  office,  and  in  addition  all  compen- 
sation due  or  to  become  due  from  such  department. 

Falsely  personating  an  officer. 

§  I344g.  If  any  person,  not  an  ofHcer,  inspector  or  em- 
ploye of  such  department,  or  acting  under  the  authority 


570 


LAWS  OF  NEW  YORK. 


thereof,  falsely  represents  himself  as  such,  or  if  any  such  per- 
son shall  use,  wear  or  display,  without  authority,  any  shield 
or  other  insignia  or  emblem  such  as  is  worn  by  such  an  of- 
ficer, inspector  or  employe,  he  shall  be  guilty  of  a  misde- 
meanor. 

Application  of  provisions  of  chapter  nineteen. 

§  I344h.  The  provisions  of  chapter  nineteen  of  this  char- 
ter, relative  to  the  department  of  health,  which  provides: 

1.  For  the  repair  of  buildings,  as  contained  in  section 
eleven  hundred  and  seventy-one  of  such  chapter. 

2.  For  proceedings  relative  to  dangerous  and  improperly 
constructed  buildings,  as  contained  in  section  eleven  hun- 
dred and  seventy-six  thereof. 

3.  For  assistance  and  co-operation  of  the  police  depart- 
ment, as  contained  in  section  twelve  hundred  and  two 
thereof. 

4.  Punishment  for  violations  of  orders  and  the  service  of 
such  orders,  as  contained  in  sections  twelve  hundred  and 
twenty-two  and  twelve  hundred  and  twenty-four  thereof. 

5.  For  legal  proceedings  and  punishment  for  disobedience 
of  orders  and  ordinances,  as  contained  in  title  four  thereof. 

6.  For  reimbursements  and  lien  of  expenses  incurred  by 
such  department  in  the  execution  of  its  orders  as  contained 
in  title  five  thereof. 

7.  For  suits  for  the  abatement  or  removal  of  nuisances, 
and  for  proceedings,  and  the  powers  and  duties  of  such  de- 
partment in  respect  to  such  nuisances,  as  contained  in  title 
six  thereof;  and  the  definition  of  the  word  nuisance  "  and 
other  matters  in  respect  thereto,  as  contained  in  sections 
twelve  hundred  and  twenty-nine,  twelve  hundred  and  ninety- 
nine  and  thirteen  hundred  thereof,  shall  apply  to  the  super- 
vision and  regulation  of  tenement  houses  by  the  tenement 
house  department,  its  officers,  agents  and  employes,  unless 
otherwise  specified  in,  or  inconsistent  with,  the  provisions  of 
this  chapter.  All  the  provisions  of  the  sections  and  titles 
above  specified  shall  be  so  applicable  to  such  tenement  house 
department,  its  officers,  agents  and  employes. 

TITLE  3. 

Records  and  Reports;  Miscellaneous  Provisions, 

Records  in  department. 

§  I344i.  The  tenement  house  commissioner  shall  provide 
a  system  for  keeping  the  records  of  tenement  houses  by  card 


CHARTER  OF  NEW  YORK  CITY. 


571 


catalogue  and  street  number,  or  otherwise.  Such  records 
shall  include: 

1.  A  diagram  of  each  tenement  house,  showing  the  shape  of 
the  building,  its  width  and  depth,  also  the  measurements  of 
the  unoccupied  area,  showing  shafts,  courts,  yards  and  other 
open  spaces.  Such  diagram  shall  include  a  diagram  of  the 
second  or  typical  floor  of  the  building,  showing  the  sizes  and 
arrangement  of  the  rooms,  and  all  doors,  stairs,  windows, 
halls  and  partitions. 

2.  A  statement  of  the  date  or  the  approximate  date  when 
the  building  was  erected. 

3.  The  deaths  occurring  in  the  tenement  house  during  each 
year  and  the  annual  death  rate  therein.  Such  statement  shall 
show  whether  such  deaths  were  of  adults  or  children,  and,  if 
occasioned  by  tuberculosis,  typhoid  fever,  diphtheria,  scarlet 
fever,  smallpox,  measles,  or  by  any  other  contagious  or  in- 
fectious disease,  it  shall  state  the  disease  causing  death. 

4.  The  cases  of  sickness  occurring  in  the  tenement  house 
and  the  nature  of  the  disease.  Such  record  shall  also  show 
whether  such  cases  of  sickness  were  of  children  or  adults. 

5.  The  arrest  of  persons  residing  in  the  tenement  house. 

Reports  from  different  institutions  and  departments. 

§  1344].  All  dispensaries  and  hospitals  in  The  City  of  New 
York  shall  make  weekly  statements  to  the  tenement  house 
department  as  to  the  cases  of  sickness  received  in  such  hos- 
pital or  treated  in  such  dispensary  from  each  tenement  house. 
Such  statement  shall  show  the  location  of  the  tenement 
house,  by  street  and  number,  from  which  the  case  was  re- 
ceived, and  the  nature  of  the  sickness  treated,  whether  the 
patient  was  an  adult  or  child  and  the  date  of  the  treatment. 
The  police  department  of  The  City  of  New  York  shall  fur- 
nish to  the  tenement  house  department  a  weekly  statement 
of  the  number  of  arrests  of  persons  living  in  tenement  houses, 
which  shall  show  the  location  of  the  tenement  house,  by 
street  and  number,  the  ofTense  with  which  the  person  is 
charged,  the  age  and  name  of  the  offender,  and  such  other 
information  as  the  tenement  house  department  may  require. 
The  tenement  house  commissioner  shall  prescribe  and  furnish 
blank  forms  for  making  such  statements. 

Other  reports  to  the  department. 

§  1344k.  Such  department  may  requu'e  reports  and  in- 
formation of  such  facts  relative  to  the  condition  of  persons 


5T2 


LAWS  OF  NEW  YORK. 


residing  in  tenement  houses,  as  the  commissioner  may  deem 
to  be  useful  in  carrying  out  the  purposes  of  this  chapter  and 
the  tenement  house  laws^  regulations  and  ordinances,  from 
all  dispensaries,  hospitals,  charitable  or  benevolent  societies, 
infirmaries,  prisons  and  schools,  and  from  the  managers, 
principals  and  officers  thereof;  the  managers,  principals  and 
officers  of  such  institutions  shall  promptly  give  such  infor- 
mation and  make  such  reports,  verbal  or  in  writing,  as  may 
be  required  by  the  commissioner. 

Transfer  of  property,  etc.,  from  other  departments. 

§  1344I.  Upon  the  organization  of  the  tenement  house 
department  hereby  created,  and  upon  notice  thereof  from  the 
tenement  house  commissioner  to  the  department  of  health 
and  department  of  buildings,  such  books,  papers,  records,  and 
other  matters  belonging  to,  or  in  the  custody  of,  such  depart- 
ments of  health  or  buildings,  and  used  in  such  departments 
in  connection  with  tenement  houses,  as  the  tenement  house 
commissioner  may  require  for  carrying  out  the  provisions  of 
this  chapter  and  the  enforcement  of  the  tenement  house  laws, 
regulations  and  ordinances,  shall  be  transferred  by  such 
department  of  health  and  department  of  buildings  to  the 
tenement  house  department  hereby  created. 

Co=operation  of  other  departments. 

§  1344m.  It  shall  be  the  duty  of  all  city  departments  at  all 
times,  when  requested  so  to  do,  to  co-operate  with  the  tene- 
ment house  department,  and  to  furnish  such  department  with 
such  information,  reports  and  assistance  as  may  be  required. 

Details  of  men  to  assist  tenement  house  department. 

§  I344n.  The  police  commissioner,  upon  the  requisition  of 
the  tenement  house  commissioner,  shall  detail  to  the  service 
of  said  tenement  house  department  for  the  purpose  of  the 
enforcement  of  the  acts  relating  to  tenement  houses  suitable 
officers  and  men  of  experience  of  at  least  five  years*  service 
in  the  poHce  force,  provided  that  the  number  of  officers  and 
men  so  detailed  shall  not  at  any  time  exceed  one  hundred, 
and,  provided  further,  that  the  tenement  house  department 
shall  pay  monthly  to  the  pohce  department  a  sum  equal  to 
the  pay  of  all  officers  and  men  so  detailed.  These  officers 
and  men  shall  belong  to  the  sanitary  company  of  police,  and 
shall  report  to  the  tenement  house  commissioner.  In  mak- 
ing such  detail  the  police  commissioner  shall  give  preference 


CHARTER  OF  NEW  YORK  CITY. 


573 


to  those  officers  and  men  who  have  belonged  for  not  less 
than  five  years  to  the  sanitary  company  of  the  police  assigned 
to  the  department  of  health.  All  other  officers  and  men  so 
detailed  shall,  whenever  the  tenement  house  commissioner  so 
requests,  be  selected  from  those  who  have  passed  a  competi- 
tive civil  service  examination  for  their  qualification  for  this 
service.  The  tenement  house  commissioner  may  report  back 
to  the  police  department  for  punishment  any  member  of  said 
company  guilty  of  any  breach  of  order  or  discipline,  or  of 
neglecting  his  duty,  and  thereupon  the  police  commissioner 
shall  detail  another  officer  or  man  in  his  place,  and  the  dis- 
cipline of  the  members  of  the  sanitary  company  shall  be  in 
the  jurisdiction  of  the  police  department,  but  at  any  time  the 
tenement  house  commissioner  may  object  to  any  member  of 
said  sanitary  company  on  the  ground  of  inefficiency,  and 
thereupon  another  officer  or  man  shall  be  detailed  in  his  place. 

Definitions. 

§  1344-0.  The  term  "  department,"  when  used  m  this  chap- 
ter, shall  mean  the  tenement  house  department.  The  term 
"  commissioner,"  when  used  in  this  chapter,  shall  mean  the 
tenement  house  commissioner.  The  term  "tenement  house," 
when  used  in  this  chapter,  shall  be  deemed  to  refer  to  a  tene- 
ment house  which  is  subject  to  the  provisions  of  the  New 
York  tenement  house  act,  and  defined  therein. 

Saving  clause. 

§  I344p.  Nothing  in  this  chapter  shall  affect  or  In  any  way 
impair  any  act  done  or  right  accruing,  accrued  or  acquired, 
or  liability,  penalty,  forfeiture  or  punishment  incurred  prior 
to  the  time  this  chapter  takes  effect,  but  the  same  may  be  as- 
serted, enforced,  prosecuted  or  inflicted,  as  fully  and  to  the 
same  extent  as  if  the  tenement  house  department  had  not 
been  created,  and  the  powers  and  duties  of  the  department  of 
health,  the  department  of  buildings,  and  the  police  depart- 
ment, in  respect  to  tenement  houses  and  the  laws,  rules  and 
ordinances  relating  thereto  had  not  been  transferred  to  such 
tenement  house  department,  as  provided  in  this  chapter. 
All  actions  and  proceedings,  civil  or  criminal,  commenced  un- 
der or  by  virtue  of  statutes  creating  and  conferring  powers  and 
imposing  duties  on  such  department  of  health,  department 
of  buildings,  and  police  department,  in  respect  to  tenement 
houses  and  for  the  enforcement  of  laws,  rules  and  ordinances 
relative  thereto,  and  pending  immediately  prior  to  the  taking 


574 


LAWS  OF  NEW  YORK. 


effect  of  this  chapter,  may  be  prosecuted  and  defended  to 
final  effect  by  the  tenement  house  department  in  the  same 
manner  as  they  might  by  such  department  of  health,  depart- 
ment of  buildings  or  police  department,  if  this  chapter  had 
not  been  passed.  All  such  actions  and  proceedings  shall  be 
prosecuted  and  defended  in  the  name  of  the  tenement  house 
department. 

CHAPTER  XX. 

Inferior  Local  Courts. 

Title  I.  The  city  court  of  New  York. 

Title  2.  The  municipal  court  of  The  City  of  New  York. 

Title  3.  Inferior  courts  of  criminal  jurisdiction. 

Title  4.  The  marshals. 

Title  5.  Interpreters. 

TITLE  I. 

The  City  Court  of  New  York. 

The  city  court  of  New  York  continued. 

§  1345.  The  city  court  shall  be  continued,  and  said  court 
and  the  justices  thereof  shall  have  the  same  powers  and  juris- 
diction as  are  now  conferred  upon  them  by  law;  provided, 
however,  that  in  sections  three  hundred  and  thirty-eight, 
thirty-one  hundred  and  sixty-five,  thirty-one  hundred  and 
sixty-nine,  thirty-one  hundred  and  seventy,  and  thirty-two 
hundred  and  sixty-eight  of  the  code  of  civil  procedure  the 
word  "  city  "  shall  be  construed  to  mean  and  apply  to  the 
territory  within  the  city  of  New  York  as  it  existed  and  was 
constituted  prior  to  the  first  day  of  January,  eighteen  hun- 
dred and  ninety-eight. 

Id.;  justices  of  the  court. 

§  1346.  The  justices  of  said  city  court  in  office  when  this 
act  shall  take  effect  shall  continue  to  hold  office  until  the 
expiration  of  their  respective  terms;  but  the  successors  of 
said  justices  shall  be  elected  for  and  hold  office  for  the  period 
of  ten  years. 


CHARTER  OF  NEW  YORK  CITY. 


575 


TITLE  2. 

The  Municipal  Court  of  The  City  of  New  York. 

Courts,  etc.,  abolished. 

§  1350.  From  and  after  midnight  of- the  thirty-first  day  o\ 
January,  eighteen  hundred  and  ninety-eight,  the  justices' 
courts  and  the  office  of  justice  of  the  peace  in  the  cities  of 
Brooklyn  and  Long  Island  City  are  abolished,  and  all  juris- 
diction, power,  authority  and  duty  theretofore  vested  in  said 
courts  and  justices  of  the  peace,  and  in  the  clerks,  officers, 
interpreters,  stenographers  and  employes  of  said  courts  and 
justices  shall  cease  and  determine,  except  as  provided  in  the 
next  section  and  section  thirteen  hundred  and  seventy-two 
of  this  act ;  and  from  and  after  the  passage  of  this  act  no  per- 
son shall  be  elected  to  the  office  of  district  court  justice  or 
justice  of  the  peace  in  any  portion  of  the  territory  included 
within  The  City  of  New  York  as  constituted  by  this  act. 

Municipal  court  created. 

§  1 35 1.  On  and  after  the  first  day  of  January,  eighteen 
hundred  and  ninety-eight,  the  district  courts  of  the  city  of 
New  York  and  the  justices'  courts  of  the  first,  second  and 
third  districts  of  the  city  of  Brooklyn  are  hereby  continued, 
consolidated  and  reorganized  under  the  name  of  "  The  Mu- 
nicipal Court  of  The  City  of  New  York,"  which  said  court 
shall  be  a  local  civil  court  within  The  City  of  New  York  as 
constituted  by  this  act,  and  shall  not  be  a  court  of  record  or 
have  any  equity  jurisdiction ;  but  shall  have  the  jurisdiction, 
powers,  duties  and  organization  hereinafter  prescribed. 

Justices. 

§  1352.  The  said  court  shall  be  held  by  justices  to  be 
elected  or  appointed,  as  follows: 

I.  The  justices  of  said  district  courts  of  The  City  of  New 
York  and  said  justices  of  the  peace  in  the  first,  second  and 
third  districts  of  the  city  of  Brooklyn,  in  office  on  the  first 
day  of  January,  eighteen  hundred  and  ninety-eight,  shall 
continue  for  the  remainder  of  the  terms  for  which  they  were 
elected  or  appointed,  and  shall  be  called  justices  of  the  mu- 
nicipal court  of  The  City  of  New  York,  and  shall  have  all 
the  powers  and  jurisdiction  and  be  subject  to  all  the  duties 
and  requirements  hereinafter  prescribed  for  justices  of  said 
municipal  courts. 


576 


LAWS  OF  NEW  YORK. 


2.  The  successors  of  the  justices  mentioned  in  the  first 
subdivision  of  this  section  shall  be  elected  by  the  electors  of 
the  districts  for  which  said  justices  were  elected  or  appointed 
respectively,  as  described  and  renumbered  in  sections  thir- 
teen hundred  and  fifty-nine,  thirteen  hundred  and  sixty  and 
thirteen  hundred  and"  sixty-one  of  this  act,  at  the  general 
election  to  be  held  in  the  year  at  the  end  of  which  the  terms 
of  said  justices  shall  expire. 

3.  There  shall  be  elected  at  the  general  election  to  be  held 
on  the  first  Tuesday  succeeding  the  first  Monday  of  Novem- 
ber, in  the  year  eighteen  hundred  and  ninety-seven,  as  many 
justices  of  said  municipal  court  as  there  shall  be  justices  of 
the  said  district  courts  in  the  city  of  New  York  or  justices 
of  the  peace  of  the  said  first,  second  and  third  districts,  in 
the  city  of  Brooklyn,  whose  terms  expire  at  the  end  of  year 
eighteen  hundred  and  ninety-seven.  Such  justices  shall  be 
elected  by  the  electors  of  the  districts  for  which  such  justices 
whose  terms  expire  in  eighteen  hundred  and  ninety-seven 
were  elected  or  appointed,  as  described  and  renumbered  in 
sections  thirteen  hundred  and  fifty-nine,  thirteen  hundred  and 
sixty  and  thirteen  hundred  and  sixty-one  of  this  act. 

4.  On  or  before  the  twentieth  day  of  January,  eighteen 
hundred  and  ninety-eight,  the  mayor  of  The  City  of  New 
York  shall  appoint  seven  additional  justices  of  said  munici- 
pal court,  two  of  whom  shall  be  residents  of  the  fourth  and 
fifth  districts  of  the  borough  of  Brooklyn,  three  of  whom 
shall  be  residents  of  the  first,  second  and  third  districts  of 
the  borough  of  Queens,  and  two  of  whom  shall  be  residents 
of  the  first  and  second  districts  of  the  borough  of  Richmond, 
respectively.  The  justices  so  appointed  shall  hold  ofiice  till 
the  thirty-first  day  of  December,  eighteen  hundred  and 
ninety-nine,  and  their  successors  shall  be  elected  at  the  gen- 
eral election  to  be  held  in  the  year  eighteen  hundred  and 
ninety-nine,  and  shall  be  residents  of  the  same  districts  as  the 
justices  appointed  pursuant  to  this  subdivision. 

Qualifications,  etc.,  of  justices. 

§  1353-  No  one  shall  hereafter  be  eligible  to  the  ofiice  of 
justice  of  the  said  municipal  court,  after  the  first  day  of  March, 
eighteen  hundred  and  ninety-nine,  unless  he  be  a  resident  and 
elector  in  the  district  for  which  he  shall  be  elected  or  appointed 
and  has  been  an  attorney  and  counsellor-at-law  of  the  state  of 
New  York  for  at  least  five  years  or  unless  he  shall  have  served 
as  a  justice  of  such  municipal  court.    None  of  said  justices 


CHARTER  OP  NEW  YORK  CITY. 


577 


shall  engage  in  any  other  business  profession  or  hold  any 
other  public  office  or  act  as  referee,  or  receiver,  but  each  of 
said  justices  shall  devote  his  whole  time  and  capacity,  so  far 
as  the  public  interest  demands,  to  the  duties  of  his  office ;  pro- 
vided, however,  that  this  restriction  shall  not  apply  to  the 
justices  of  said  court  mentioned  in  subdivision  one  of  section 
thirteen  hundred  and  fifty  -two  of  this  act. 

Oath. 

§  1354.  The  justices  elected  or  appointed  pursuant  to  this 
act  shall,  before  entering  upon  their  duties,  take  the  oath  of 
office  prescribed  by  the  constitution,  and  file  the  same  with  the 
city  clerk. 

Salary. 

§  1355.  The  salary  of  each  of  said  justices,  except  those 
appointed  or  elected  from  the  boroughs  of  Queens  and  Rich 
mond,  shall  be  six  thousand  dollars  a  year,  to  be  paid  in  equai 
monthly  instalments  by  the  proper  officers  of  said  city,  and 
the  salary  of  each  of  said  justices  appointed  or  elected  for  the 
boroughs  of  Queens  and  Richmond  shall  be  five  thousand  dol- 
lars a  year,  to  be  paid  in  the  same  manner. 

Terms. 

§  1356.  The  terms  of  said  justices  to  be  elected  pursuant  to 
this  title  shall  be  ten  years. 

Vacancies. 

§  1357-  Vacancies  occurring  in  the  office  of  justice  of  said 
court  shall  be  filled  at  the  next  ensuing  general  election  for 
the  unexpired  term  commencing  on  the  first  day  of  January 
next  after  said  election ;  and  the  mayor  of  the  city  shall  appoint 
some  proper  person  to  fill  such  vacancy  in  the  interim  within 
twenty  days  after  the  same  occurs. 

Districts. 

§  1358.  The  several  boroughs  composing  The  City  of  New 
York  are  hereby  divided  into  districts,  in  each  of  which  ses- 
sions of  said  municipal  court  shall  be  held,  as  specified  in  the 
next  6ve  sections. 

Borough  of  The  Bronx. 

§  1359-  In  the  borough  of  The  Bronx  there  shall  be  two 
districts,  as  follows: 


578 


LAWS  OF  NEW  YORK. 


1.  The  first  district  embracing  the  territory  described  in 
chapter  nine  hundred  and  thirty-four  of  the  laws  of  eighteen 

'  hundred  and  ninety-five. 

2.  The  second  district  embracing  the  remainder  of  said  bor- 
ough. 

Borough  of  Manhattan. 

§  1360.  In  the  borough  of  Manhattan  there  shall  be  eleven 
districts,  as  follows : 

1.  The  first  district  embraces  the  third,  fifth  and  eighth 
wards  of  said  borough  of  Manhattan,  and  all  that  part  of  the 
first  ward  lying  west  of  Broadway  and  Whitehall  street, 
including  Nuttin  or  Governor's  island,  Bedloe's  island,  Buck- 
ing or  Ellis  island  and  the  Oyster  islands. 

2.  The  second  embraces  the  second,  fourth,  sixth  and  four- 
teenth wards,  and  all  that  portion  of  the  first  ward  lying  south 
and  east  of  Broadway  and  Whitehall  street. 

3.  The  third  district  embraces  the  ninth  and  fifteenth  wards. 

4.  The  fourth  district  embraces  the  tenth  and  seventeenth 
wards. 

5.  The  fifth  district  embraces  the  seventh,  eleventh  and 
thirteenth  wards. 

6.  The  sixth  district  embraces  the  eighteenth  and  twenty- 
first  wards. 

7.  The  seventh  district  embraces  the  nineteenth  ward. 

8.  The  eighth  district  embraces  the  sixteenth  and  twentieth 
wards. 

9.  The  ninth  district  embraces  the  twelfth  ward,  e^ccept  that 
portion  thereof  which  lies  west  of  the  center  line  of  Lenox  or 
Sixth  avenue  and  of  the  Harlem  river  north  of  the  terminus  of 
Lenox  avenue. 

-  10.  The  tenth  district  embraces  the  twenty-second  ward  and 
all  that  portion  of  the  twelfth  ward  which  is  bounded  on  the 
north  by  the  center  line  of  One  Hundred  and  Tenth  street,  on 
the  south  by  the  center  line  of  Eighty-sixth  street,  on  the  east 
by  the  center  line  of  Sixth  avenue  and  on  the  west  by  the 
North  river. 

II.  The  eleventh  district  embraces  that  portion  of  the 
twelfth  ward  which  lies  north  of  the  center  line  of  West  One 
Hundred  and  Tenth  street  and  west  of  the  center  line  of  Lenox 
or  Sixth  avenue  and  of  the  Harlem  river  north  of  the  terminus 
of  Lenox  or  Sixth  avenue. 


CHARTER  OF  NEW  YORK  €ITY. 


579 


Borough  of  Brooklyn. 

§  1 361.  In  the  borough  of  Brooklyn  there  shall  be  five  dis- 
tricts, as  follows : 

1.  The  first  district  embraces  the  first,  second,  third,  fourth, 
fifth,  sixth,  tenth  and  twelfth  wards, 

2.  The  second  district  embraces  the  seventh,  ninth, 
eleventh,  twentieth,  twenty-first,  and  twenty-third  wards. 

3.  The  third  district  embraces  the  thirteenth,  fourteenth, 
fifteenth,  sixteenth,  seventeenth,  eighteenth  and  nineteenth 
wards. 

4.  The  fourth  district  embraces  the  twenty-fourth,  twenty- 
fifth,  twenty-sixth,  twenty-seventh  and  twenty-eighth  wards. 

5.  The  fifth  district  embraces  the  eighth,  twenty- second, 
twenty-ninth,  thirtieth,  thirty-first  and  thirty-second  wards. 

Borough  of  Queens. 

§  1362.  In  the  borough  of  Queens  there  shall  be  three  dis- 
tricts, as  follows: 

1.  The  first  district  embraces  ward  one  of  said  borough. 

2.  The  second  district  embraces  wards  two  and  three  of  said 
borough. 

3.  The  third  district  embraces  wards  four  and  five  of  said 
borough. 

Borough  of  Richmond. 

§  1363.  In  the  borough  of  Richmond  there  shall  be  two 
districts,  as  follows: 

1.  The  first  district  embraces  wards  one  and  three  of  said 
borough. 

2.  The  second  district  embraces  wards  two,  four  and  five 
of  said  borough. 

Jurisdiction. 

§  1364.  Except  as  provided  In  the  next  section  the  said 
municipal  court  has  jurisdiction  in  the  following  civil  actions 
and  proceedings,  including  an  action  against  The  City  of  New 
York  or  a  domestic  corporation  or  a  foreign  corporation  hav- 
ing an  office  in  The  City  of  New  York : 

1.  An  action  to  recover  damages  upon  or  for  breach  of  con- 
tract, express  or  implied,  other  than  a  promise  to  marry,  where 
the  sum  claimed  does  not  exceed  five  hundred  dollars. 

2.  An  action  to  recover  damages  for  a  personal  injury  or  an 
injury  to  property,  excepting,  however,  actions  to  recover 


580 


LAWS  OF  NEW  YORK. 


damages  for  an  assault,  battery,  malicious  prosecution,  false 
imprisonment,  libel,  slander,  criminal  conversation,  seduction, 
or  loss  of  society  of  a  husband  or  wife,  where  the  sum  claimed 
does  not  exceed  five  hundred  dollars. 

3.  An  action  for  a  fine  or  penalty  not  exceeding  five  hun- 
dred dollars,  including  an  action  to  recover  a  penalty  given 
by  the  charter  of  The  City  of  New  York  or  any  by-law  or 
ordinance  thereof  or  by  any  statute  of  the  state. 

4.  An  action  upon  a  bond  conditioned  for  the  payment  of 
money  where  the  sum  claimed  to  be  due  does  not  exceed  five 
hundred  dollars,  the  judgment  to  be  rendered  for  the  sum 
actually  due.  Where  the  sum  secured  by  the  bond  is  to  be  paid 
in  installments  an  action  may  be  brought  for  each  installment 
as  it  becomes  due. 

5.  An  action  upon  a  surety  bond  or  undertaking  taken  in 
said  court  or  in  any  district  court  of  The  City  of  New  York 
or  by  any  justice  of  the  peace. 

6.  An  action  upon  a  judgment  rendered  in  said  court  or  in  a 
district  court  of  The  City  of  New  York  or  in  a  justices'  court, 
or  in  the  municipal  court  of  the  city  of  Rochester,  or  in  the 
municipal  court  of  the  city  of  Syracuse,  or  in  the  municipal 
court  of  the  city  of  Buffalo. 

7.  An  action  to  recover  one  or  more  chattels  with  or  with- 
out damages  for  the  taking,  withholding  or  detention  thereof 
where  the  value  of  the  chattel  or  of  the  chattels  as  stated  in 
the  affidavit  made  on  the  part  of  the  plaintiff  does  not  exceed 
five  hundred  dollars,  subject  to  the  qualifications  specified  in 
sections  sixteen  hundred  and  eighty-nine,  sixteen  hundred  and 
ninety,  sixteen  hundred  and  ninety-one,  and  sixteen  hundred 
and  ninety-two  of  the  code  of  civil  procedure. 

8.  An  action  in  behalf  of  the  people  of  the  state  brought  by 
the  direction  of  a  commissioner  of  public  charities  or  of  an 
overseer  of  the  poor  upon  a  bastardy  or  abandonment  bond  in 
a  case  where  it  is  prescribed  by  law  that  such  an  action  can  be 
maintained  in  said  municipal  court  of  The  City  of  New  York 
or  in  any  court  not  being  a  court  of  record. 

9.  An  action  to  recover  damages  for  an  escape  from  the 
jail  liberties  as  provided  by  chapter  two,  title  two,  articles  four 
and  five  of  the  code  of  civil  procedure,  where  the  sum  claimed 
does  not  exceed  one  hundred  dollars. 

10.  An  action  upon  the  bond  of  a  marshal  of  The  City  of 
New  York  in  a  case  where  it  is  prescribed  by  a  special  statutory 
provision  that  such  an  action  can  be  maintained  in  a  district 
court  or  in  said  municipal  court. 


OHAKTER  OF  NEW  YORK  CITY. 


581 


11.  An  action  for  damages  for  fraud  or  deceit  in  the  sale, 
purchase  or  exchange  of  personal  property  where  the  damages 
claimed  do  not  exceed  five  hundred  dollars. 

12.  A  summary  proceeding  under  title  two  of  chapter  seven- 
teen of  the  code  of  civil  procedure  to  recover  possession  of  real 
property  which,  or  a  portion  of  which,  is  situated  within  the 
district  wherein  the  application  for  such  recovery  is  made. 

13.  To  render  judgment  upon  the  confession  of  the  defend- 
ant or  defendants  as  prescribed  in  title  six  of  chapter  nineteen 
of  the  code  of  civil  procedure  where  the  sum  confessed  does 
not  exceed  five  hundred  dollars. 

14.  Other  civil  actions  or  proceedings  of  which  district 
courts  in  The  City  of  New  York,  or  justices  of  the  peace  shall 
have  jurisdiction  on  the  thirty-first  day  of  December,  eighteen 
hundred  and  ninety-seven,  except  such  as  shall  be  expressly 
excluded  by  this  act 

Id.;  continued. 

§  1365.  The  said  municipal  court  can  not  take  cognizance 
of  any  civil  actions  in  either  of  the  following  cases : 

1.  Where  the  title  to  real  property  comes  in  question  as  pre- 
scribed in  title  third  of  chapter  nineteen  of  the  code  of  civil 
procedure,  and  sections  twenty-nine  hundred  and  fifty-one  to 
twenty-nine  hundred  and  fifty-eight  of  said  code,  both  inclu- 
sive, apply  to  an  action  brought  in  said  court ;  and  in  an  action 
brought  in  said  court  the  surety  upon  the  defendant's  under- 
taking is  liable  in  the  case  specified  in  section  twenty-nine  hun- 
dred and  fifty-two  of  said  code  to  any  amount  for  which  judg- 
ment might  have  been  rendered  by  said  court  if  the  answer 
and  undertaking  had  not  been  delivered.  The  provisions  of 
section  thirteen  hundred  and  forty-nine  of  chapter  four  hun- 
dred and  ten  of  the  laws  of  eighteen  hundred  and  eighty-two 
shall  govern  in  such  cases. 

2.  Where  the  action  is  brought  against  an  executor  or 
administrator  as  such  and  the  amount  claimed  is  in  excess  of 
fifty  dollars. 

3.  Where,  in  a  matter  of  account,  the  sum  total  of  the 
accounts  of  both  parties,  proved  to  the  satisfaction  of  the 
court,  exceeds  one  thousand  dollars. 

Removal. 

§  1366.  In  an  action  specified  in  the  last  section  but  one, 
excepting  subdivisions  eight  and  ten.  where  the  damages 


582 


LAWS  OF  NEW  YORK. 


claimed  or  the  value  of  the  chattel  or  all  the  chattels  claimed, 
as  stated  in  the  complaint,  exceeds  two  hundred  and  fifty  dol- 
lars, the  defendant  may,  after  issue  is  joined  and  before  an 
adjournment  has  been  granted  upon  his  application,  apply  to 
the  justice  holding  court  in  the  district  in  which  the  action 
is  brought  for  an  order  removing  the  action,  and  if  it  be  in 
the  second  district  of  the  borough  of  The  Bronx  or  in  any 
district  of  the  borough  of  Manhattan,  to  the  city  court  of 
The  City  of  New  York,  if  in  any  other  district  into  the  county 
court  of  the  county  wherein  the  district  is  situated,  if  the 
said  county  court  has  jurisdiction  of  such  action,  otherwise 
into  the  supreme  court  in  such  county.  Such  an  order  must 
be  granted  upon  the  defendant's  filing  with  the  clerk  an  un- 
dertaking in  a  sum  fixed  by  the  justice,  not  exceeding  twice 
the  amount  of  the  damages  claimed  or  twice  the  value  of  the 
chattel  or  of  all  the  chattels  claimed,  as  stated  in  the  com- 
plaint, with  one  or  more  sureties,  to  the  effect  that  the  de- 
fendant will  pay  to  the  plaintiff  the  amount  of  any  judgment 
that  may  be  recovered  against  him  in  the  court  to  which  such 
action  shall  be  removed.  From  the  time  of  granting  the 
order,  the  city  court  or  county  court  or  supreme  court,  as 
the  case  may  be,  has  cognizance  of  the  action,  and  the  clerk 
of  the  district  must  forthwith  deliver  to  the  clerk  of  such 
court  to  which  the  action  shall  be  removed  all  process,  plead- 
ings and  other  papers  in  the  action,  and  certified  copies  of  all 
minutes,  entries  and  orders  relating  thereto,  which  must  be 
filed,  entered  or  recorded,  as  the  case  requires  in  the  latter's 
office. 

Appeals. 

§  1367.  I.  An  appeal  from  a  judgment  rendered  in  the  mu- 
nicipal court  of  The  City  of  New  York  may  be  taken  to  the 
supreme  court  in  the  cases  and  in  the  manner  prescribed  in 
articles  first  and  second  of  title  eight  of  chapter  nineteen  of 
the  code  of  civil  procedure.  Such  appeal  shall  be  heard  in 
such  manner  and  by  such  justice  or  justices  as  the  appellate 
division  of  the  supreme  court  in  the  judicial  department  em- 
bracing the  district  wherein  the  action  is  brought  shall  direct, 
except  that  the  appellate  division  of  the  second  judicial  de- 
partment may  direct  that  such  appeal  be  heard  directly  be- 
fore that  court.  The  appellate  court  may  reverse,  affirm 
or  modify  the  judgment  appealed  from,  and  where  a  judg- 
ment is  reversed,  may  order  a  new  trial  in  the  municipal 
court  in  the  district  in  which  the  action  was  brought.  Where 


OHAKTEK  OF  NEW  YOKK  CITY. 


583 


a  judgment  is  modified  or  a  new  trial  is  ordered,  costs  shall 
be  in  the  discretion  of  the  appellate  court. 

2.  In  all  cases  of  appeal  from  the  decision  of  the  said  mu- 
nicipal court,  where  a  transcript  of  the  stenographer's  min- 
utes of  testimony  on  the  trial  becomes  a  necessary  part  of 
the  justice's  return,  the  stenographer's  fees  for  making  such 
transcript  shall  be  at  the  rate  of  five  cents  for  every  hundred 
words,  and  be  paid  in  the  first  instance  by  the  appellant,  and 
afterwards  taxable  by  him  as  a  disbursement  on  the  appeal. 

Process. 

§  1368.  The  municipal  court  in  any  district  shall  have 
power  to  send  its  process  and  other  mandates  in  an  action 
or  special  proceeding  of  which  it  has  jurisdiction  into  any 
district  or  part  of  The  City  of  New  York  for  service  or  exe- 
cution, and  to  enforce  obedience  thereto,  and  such  process 
and  mandates  may  be  served  in  any  district  or  part  of  The 
City  of  New  York,  as  constituted  by  this  act. 

Procedure,  etc. 

§  1369.  In  so  far  as  the  same  are  consistent  with  this  act, 
all  provisions  of  law  relating  to  the  procedure  and  organiza- 
tion, the  summons,  precept,  attachment,  arrest,  subpoena  or 
other  process,  service  and  execution  of  the  same,  time,  ap- 
pearances, parties,  attorneys,  practice,  proceedings,  plead- 
ings, amendments,  adjournment,  defaults,  judgments,  tran- 
scripts, docketing,  executions,  offers,  fees,  costs,  disburse- 
ments, joint  debtors,  depositions,  taking  testimony  by  com- 
mission and  de  bene  esse,  guardians  ad  litem,  trials,  jurors 
and  drawing  of  jurors,  and  all  matters  incidental  to  the  same, 
the  powers  and  duties  of  the  justices  and  clerks  and  other 
employes  in  district  courts  in  The  City  of  New  York  which 
shall  be  in  force  on  the  thirty-first  day  of  December,  eighteen 
hundred  and  ninety-seven,  shall  apply  to  and  control  and 
govern  the  same  in  said  municipal  court  and  the  branches 
thereof  in  each  district,  except  that  a  marshal  of  The  City 
of  New  York  can  not  appear  or  act  on  behalf  of  either  or 
any  party  in  an  action  or  proceeding  in  said  municipal  court. 
Sections  eight  to  fourteen,  inclusive,  of  the  code  of  civil  pro- 
cedure, excepting  subdivision  seven  of  said  section  fourteen, 
are  hereby  made  applicable  to  and  shall  govern  said  munici- 
pal court.  But  in  all  cases  where  in  any  statute  relating  to 
said  district  courts  the  power  and  authority  of  said  courts  is 
limited  to  the  city  and  county  of  New  York,  or  to  persons 


584 


LAWS  OF  NEW  YORK. 


residing  in  or  who  are  about  to  leave  the  city  and  county  of 
New  York,  the  power  and  authority  of  said  municipal  court 
is  extended  to  The  City  of  New  York,  as  constituted  by  this 
act,  and  to  all  persons  residing  in  or  who  are  about  to  leave 
said  city  of  New  York,  as  so  constituted,  except  as  in  this 
chapter  otherwise  expressly  provided.  In  an  action  speci- 
fied in  section  thirteen  hundred  and  sixty-four  of  this  act 
(except  subdivisions  eight  and  ten),  where  the  damages  or 
the  value  of  the  chattels  as  claimed  in  the  complaint,  exceed 
one  hundred  dollars,  if,  at  the  time  of  joining  an  issue  of 
fact  the  defendant  demanded  a  trial  by  a  jury  of  twelve  men, 
the  justice  shall  order  such  a  jury  to  be  summoned  to  try  the 
same,  and  the  proceedings  and  fees  shall  be  the  same  as  are 
prescribed  in  section  thirteen  hundred  and  seventy-three  of 
chapter  four  hundred  and  ten  of  the  laws  of  eighteen  hun- 
dred and  eighty-two. 

Actions,  in  what  district  brought. 

§  1370.  An  action  or  proceeding  of  which  this  court  has 
jurisdiction  must  be  brought: 

1.  In  a  district  in  which  either  the  plaintiff  or  defendant  or 
one  of  the  plaintiffs  or  one  of  the  defendants  resides,  unless 
all  the  plaintiffs  or  all  the  defendants  reside  out  of  The  City 
of  New  York,  in  which  case  the  action  or  proceeding  may  be 
brought  in  said  court  in  any  district. 

2.  If  the  defendant  be  a  corporation  created  by  law,  in  a 
district  in  which  the  plaintiff  or  either  of  the  plaintiffs  resides, 
or  in  which  (if  it  be  a  corporation)  it  transacts  its  general 
business  or  keeps  an  office  or  has  an  agency  established  for  the 
transaction  of  business  or  is  established  by  law,  except  the 
corporation  of  The  City  of  New  York,  which  may  sue  in  any 
district,  except  as  in  the  next  section  provided. 

3.  By  plaintiff's  not  residing  in  The  City  of  New  York,  in 
the  district  in  which  the  defendant,  or  one  of  the  defendants 
resides,  and  against  a  defendant  or  defendants  not  residing 
in  said  city,  in  the  district  in  which  the  plaintiff  or  one  of  the 
plaintiffs  resides;  but  where  all  the  parties  reside  out  of  said 
city  the  action  may  be  brought  in  any  district.  No  person 
who  shall  have  a  place  in  said  city  for  the  regular  transaction 
of  business  shall  be  deemed  a  non-resident  under  the  provi- 
sions of  this  title. 

4.  If  the  district  in  which  the  action  or  proceeding  is 
brought  is  not  the  proper  district,  the  action  may,  notwith- 
standing, be  tried  therein,  unless  the  action  is  transferred  to 


CHARTER  OF  NEW  YORK  CITY. 


585 


the  proper  district  before  trial  upon  demand  of  the  defendant 
made  upon  or  before  the  joinder  of  issue  in  writing  or  in  open 
court,  followed  by  the  consent  of  the  plaintiff,  given  in  like 
manner,  or  the  order  of  the  court.  The  demand  must  specify 
the  district  to  which  the  defendant  requires  the  action  to  be 
transferred.  The  court  must  make  such  order  when  the  dis- 
trict in  which  the  action  or  proceeding  is  brought  is  not  the 
proper  district,  as  specified  in  this  section  or  the  next  one  if 
such  demand  be  made. 

5.  All  actions  by  or  on  behalf  of  The  City  of  New  York  to 
recover  a  penalty  or  fine  for  a  violation  of  any  corporation 
ordinance,  when  the  amount  of  such  penalty  or  fine  shall  not 
exceed  five  hundred  dollars,  must  be  brought  in  the  district  in 
which  the  violation  of  such  ordinance  happened  or  occurred, 
and  the  justice  holding  court  in  the  same  judicial  district  may 
direct  any  of  the  city  marshals  to  collect  the  payment  and  make 
returns  m  the  same  manner  as  now  provided  by  law.  And  all 
actions  to  recover  a  penalty  or  fine  for  a  violation  of  any  pro- 
vision of  the  sanitary  code  or  of  any  regulation  of  the  fire 
commissioner  or  of  any  laws  or  ordinances  which  either  the 
health  or  the  fire  department  is  authorized,  empowered 
and  especially  charged  to  enforce,  where  the  amount  of  such 
penalty  or  fine  shall  not  exceed  five  hundred  dollars,  must  be 
brought  in  the  district  in  which  such  violation  happened  or 
occurred. 

Where  held. 

§  1 37 1.  The  said  municipal  court  shall  be  held  in  each  of 
the  aforesaid  districts  by  a  justice  of  said  court  as  hereinafter 
specified,  at  the  places  provided  by  the  commissioners  of  the 
sinking  fund,  and  in  accordance  with  law,  at  such  hours  in 
every  judicial  day  or  so  often  as  the  board  of  justices  of  the 
municipal  court  shall  direct,  and  must  continue  in  session 
so  long  as  the  public  interest  requires;  and  it  shall  be  the 
duty  of  the  commissioners  of  the  sinking  fund  to  provide  a 
suitable  place  for  the  holding  of  said  court  in  each  of  said 
districts,  provided  that  more  than  one  place  for  holding  such 
court  may  be  provided  at  any  time  after  this  act  takes  effect 
in  any  district,  if  the  said  board  of  justices  shall  certify  that 
the  public  convenience  requires  such  additional  number  of 
places. 

Seals. 

§  1372.  The  said  court  in  each  district  shall  have  official 
seals  furnished  at  the  expense  of  the  city,  on  which  shall  be 


586 


LAWS  OF  NEW  YORK. 


engraved  the  arms  of  the  state  of  New  York  and  the  words 
Municipal  Court  of  New  York,  Borough  of  Manhattan/' 
(or  whatever  the  borough  may  be),  "First  District"  (or 
whatever  the  district  may  be),  but  nothing  herein  contained 
shall  authorize  such  court  to  issue  certificates  of  naturalization. 

Clerks  and  assistant  clerks. 

§  1373.  There  shall  be  in  and  for  each  district  a  clerk  of 
said  court  and  in  each  district  in  the  boroughs  of  Manhattan, 
Brooklyn,  The  Bronx,  and  in  the  first  district  of 
Queens,  an  assistant  clerk,  who  shall  be  appointed 
by  the  justice  elected  in  said  district,  as  hereinbe- 
fore provided,  and  shall  hold  office  for  the  term  of  six  years 
from  the  date  of  appointment;  and  before  entering  upon  his 
duties  each  such  clerk  or  assistant  clerk  shall  file  in  the  office 
of  the  comptroller  of  The  City  of  New  York  a  bond  in  the 
penal  sum  of  five  thousand  dollars,  conditioned  for  the  faithful 
discharge  of  his  duty  and  the  due  accounting  for  and  payment 
of  all  money  by  him  received  or  with  him  deposited  in  any 
action  as  such  clerk  or  assistant  clerk,  to  be  approved  by  the 
said  comptroller  to  be  endorsed  thereon.  Each  such  clerk  and 
assistant  clerk  shall  receive  a  salary  of  three  thousand  dollars 
per  annum,  except  in  the  boroughs  of  Queens  and  Richmond, 
wherein  the  salary  of  the  clerks  and  assistant  shall 
be  two  thousand  dollars  per  annum  each.  Such  salaries  shall 
be  paid  in  equal,  monthly  installments;  and  neither  said 
clerks  nor  assistant  clerks  nor  other  employes  of  said  court 
shall  receive  any  fee  or  compensation  whatever  for  their  own 
use  for  any  services  performed  by  them  by  virtue  of  their 
offices  other  than  their  salaries;  and  the  duties  of  such  clerks 
and  assistant  clerks  shall  be  the  same  as  those  now  imposed  by 
law  upon  the  clerks  and  assistant  clerks  of  the  district  courts 
in  The  City  of  New  York.  No  such  clerk,  assistant  clerk  or 
other  employe  of  such  courts  shall  hold  any  other  office  or  be 
interested  in  any  other  business,  except  as  permitted  by  the 
next  section,  but  shall  give  their  whole  time  to  their  respective 
duties  and  shall  reside  in  the  borough  in  which  the  district  for 
which  they  are  appointed  respectively  is  situated.  For  any 
breach  of  said  bond  the  appellate  division  of  the  supreme  court 
or  any  justice  of  the  supreme  court  in  the  judicial  department 
wherein  the  district  for  which  such  clerk  or  assistant  clerk  is 
appointed  is  situated,  may  order  the  same  to  be  prosecuted  in 
the  name  of  any  person  damaged  by  such  breach.  The  clerks, 
assistant  clerks,  stenographers,  interpreters  and  attendants  of 


CHARTER  OF  NEW  YORK  CITY. 


687 


the  district  courts  in  The  City  of  New  York  and  of  the  justices' 
courts  of  first,  second  and  third  districts  of  the  city  of  Brook- 
lyn, who  shall  be  in  office  on  the  first  day  of  January,  eighteen 
hundred  and  ninety-eight,  shall  continue  until  the  expiration 
of  their  respective  terms,  in  the  like  capacities  as  officers  of 
the  said  municipal  court.    Each  justice  upon  appointing  a 
clerk  or  assistant  clerk  shall  make  duplicate  certificates  of  such 
appointments,  stating  the  term  of  the  appointment  and  when 
it  will  expire,  and  one  of  such  duplicates  shall  be  filed  by  him 
in  the  office  of  the  city  clerk,  and  the  other  with  the  secretary 
of  the  board  of  justices  provided  for  in  the  next  section.  The 
said  justices  shall  in  like  manner  also  appoint  the  officers  neces- 
sary to  attend  the  court  in  each  district,  not  exceeding  three, 
at  an  annual  salary  of  one  thousand  dollars,  and  a  stenographer 
in  and  for  each  district  at  an  annual  salary  of  two  thousand 
dollars,  and  in  and  for  each  district  in  the  boroughs  of  Man- 
hattan and  Brooklyn  an  interpreter  at  an  annual  salary  of 
twelve  hundred  dollars.    Each  of  said  attendants,  stenog- 
raphers and  interpreters  shall  be  appointed  for  two  years  or 
to  fill  the  residue  of  an  unexpired  term.    The  said  justices  may 
remove  any  of  said  attendants,  stenographers  or  inter- 
preters, provided  that  before  removal  such  officers  shall  have 
notice  of  the  cause  of  their  proposed  removal  and  an  oppor- 
tunity to  make  an  explanation;  and  the  reasons  for  any 
removal  shall  be  briefly  entered  on  such  minutes. 

Board  of  justices. 

§  1374.  The  justices  of  said  court  shall  constitute 
the  board  of  justices  of  the  municipal  court  and  dis- 
charge the  functions  thereof.  They  may  elect  a  president 
from  their  own  number  and  at  pleasure  remove  him  and  elect 
a  successor.  All  meetings  of  said  board  shall  be  public  and 
all  proceedings  shall  be  recorded  in  its  books  of  minutes  by 
its  secretary  and  shall  be  preserved.  Such  board  may  desig- 
nate a  clerk  of  said  court  for  one  of  said  districts  to  act  as 
secretary  of  said  board,  and  from  time  to  time  substitute 
another  and  fix  a  compensation  to  be  paid  for  such 
service,  not  exceeding  the  sum  of  five  hundred  dollars  per 
annum.  Such  board  shall  establish  public  rules  relative  to 
its  meetings,  which  as  far  as  possible  shall  be  held  at  regular 
times,  to  the  keeping  and  preservation  of  its  minutes  and  the 
appointment  of  clerks,  assistant  clerks  and  other  appointees, 
and  to  the  public  inspection  of  its  minutes  under  the  care  of 
the  secretary  at  reasonable  times. 


585 


LAWS  OF  NEW  YORK. 


Board  to  make  rules. 

§  1375-  Said  board  of  justices  shall  adopt,  and  from  time  to 
time  may  amend  or  add  to  rules  relating  to  the  following  sub- 
jects : 

1.  As  to  the  justices  who  shall  hold  sessions  of  said  munici- 
pal court  in  each  of  said  districts  at  times  and  places  to  be 
specified  in  said  rules  and  to  provide  for  a  rotation  of  the 
justices  holding  the  same,  provided  that  the  justices  elected 
or  appointed  for  any  borough  shall  hold  court  in  said  borough ; 
but  if  a  vacancy  exists,  or  the  illness  or  other  inability  of  any 
justice  assigned  to  hold  court  prevents  his  attendance,  any 
other  justice  of  said  court  may  hold  the  same.  And  if,  at  any 
time  before  or  after  the  commencement  of  the  trial,  it  shall 
appear  to  the  satisfaction  of  the  justice  that  he  is  a  necessary 
witness  on  the  trial  of  the  cause,  or  otherwise  disqualified  to 
try  the  same,  he  shall  by  an  order  entered  in  the  cause  order 
the  same  and  the  papers  in  the  same  to  be  transferred  to  an 
adjoining  district,  or  adjourned  to  such  time  as  his  successor 
in  holding  court  in  said  district  according  to  such  rules  for 
rotation,  may  be  holding  said  court  as  justice  may  require. 
Such  rules  respecting  rotation  and  the  designation  of  justices, 
shall  be  published  in  the  City  Record  in  the  month  of  Decem- 
ber in  each  year. 

2.  As  to  the  hours  at  which  said  courts  shall  be  opened  on 
each  day  and  what  officers  shall  be  in  attendance. 

3.  As  to  the  order  of  business  and  manner  of  its  discharge. 

4.  As  to  the  manner  in  which  the  clerks,  assistant 
clerks,  attendants  and  employes  shall  perform  their  duties, 
the  manner  of  keeping  records  and  papers,  the  collection  and 
disposition  of  moneys  and  keeping  accounts  of  the  same. 

5.  As  to  the  maintenance  of  order  in  and  about  the  courts 
and  offices  thereof. 

Concurrence  of  majority, 

§  1376.  The  concurrence  of  a  majority  of  all  the  members 
of  said  board  shall  be  necessary  to  adopt  any  resolution 
thereof. 

Rules  of  supreme  court  applicable. 

§  1377.  The  rules  and  regulations  of  the  supreme  court,  as 
they  may  be  from  time  to  time,  shall  apply  to  the  municipal 
court  so  far  as  the  same  can  be  made  applicable. 


CHARTER  OF  NEW  YORK  CITY. 


Clerks  to  administer  oaths. 

§  1378.  The  clerks  and  assistant  clerks  of  the  said  munici- 
pal court  are  authorized  to  administer  oaths  in  The  City  of 
New  York  in  the  same  manner  and  with  the  like  effect  as 
clerks  of  courts  of  record. 

Justices  to  administer  oaths,  etc. 

§  1379.  The  justices  of  said  municipal  court  may  in  The 
City  of  New  York,  by  virtue  of  their  office,  administer  oaths, 
take  depositions  and  acknowledgments  and  certify  the  same 
in  the  manner  and  with  like  effect  as  justices  of  courts  of 
record.  Sections  nine  hundred  and  fourteen  to  nine  hundred 
and  seventeen,  inclusive,  and  section  thirty-three  hundred  and 
nineteen  of  the  code  of  civil  procedure  apply  to  the  justices 
of  said  court. 

Access  to  court=houses. 

§  1380.  The  justices  of  said  court  shall  have  on  and  after 
the  first  day  of  February,  eighteen  hundred  and  ninety-eight, 
the  like  access  and  possession  of  the  court-houses  that  there- 
tofore were  enjoyed  by  the  justices  of  the  district  courts  and 
justices  of  the  peace  in  the  territory  included  within  The  City 
of  New  York  as  constituted  by  this  act;  and  it  shall  be  the 
duty  of  the  board  of  aldermen  of  The  City  of  New 
York  and  its  several  officers  charged  with  duties  in 
that  behalf  to  supply  and  pay  for  whatever  may  be  neces- 
sary for  the  transaction  of  the  business  of  said  municipal 
court  and  the  justices  thereof,  and  to  supply  all  proper  accom- 
modations, books,  stationery  and  furniture,  and  to  pay  all 
salaries,  compensations  and  expenses  and  disbursements  herein 
authorized,  and  the  board  of  estimate  and  apportionment  shall 
annually  include  in  its  final  estimate  such  sums  as  may  be 
necessary  to  pay  the  same. 

Removal. 

§  1383.  The  justices  of  said  court  and  the  clerks  and  assist- 
ant clerks  thereof  may  be  removed  for  cause  after  due  notice 
and  an  opportunity  of  being  heard  by  the  appellate  division  of 
the  supreme  court  in  the  judicial  district  wherein  the  district 
for  which  said  justices  were  elected  or  appointed,  or  wherein 
the  district  for  which  such  clerks  or  assistant  clerks  were 
appointed,  is  situated. 


590 


LAWS  OF  NEW  YORK. 


§  1384.  In  any  and  all  actions  brought  in  the  name  of  The 
City  of  New  York,  or  of  any  department,  board,  or  officer 
thereof,  by  the  corporation  counsel  of  The  City  of 
New  York,  as  attorney  for  said  city,  or  said  de- 
partment, board  or  officer  thereof,  to  recover  a 
penalty  or  penalties  for  the  violation  of  any  law 
or  ordinance,  the  summons  may  be  issued  out  of  said  court 
by  the  corporation  counsel  in  his  own  name  without  the  same 
being  subscribed  by  the  clerk  of  the  court  where  such  action 
or  actions  are  brought,  and  in  such  actions  the  corporation 
counsel  shall  not  be  required  to  pay  to  the  clerk  of  the  court 
the  fees  in  the  action,  but  shall  account  therefor  to  the  city 
treasury  and  shall  collect  the  same,  from  the  defendant,  when 
judgment  is  recovered;  and  no  fees  or  costs  shall  be  de- 
manded of  the  said  The  City  of  New  York  or  any  depart- 
ment board  or  officer  thereof  in  any  such  suit  or  proceeding. 

TITLE  3. 

Inferior  Courts  of  Criminal  Jurisdiction, 
Division  of  city  for  such  purpose. 

§  1390.  For  the  purposes  of  administration  of  criminal 
justice  The  City  of  New  York,  as  hereby  constituted,  is 
divided  into  two  divisions,  as  follows:  The  first  division 
embraces  the  boroughs  of  The  Bronx  and  of  Manhattan;  the 
second  division  embraces  the  boroughs  of  Brooklyn,  Queens 
and  Richmond. 

Board  of  magistrates. 

§  1 39 1.  In  each  of  said  divisions,  there  shall  be  a  board 
of  city  magistrates  composed  of  the  city  magistrates  therein 
in  office  on  the  first  day  of  January,  nineteen  hundred  and 
two,  and  such  as  thereafter  may  be  appointed  or  elected  pur- 
suant to  law.  The  board  for  the  first  division  shall  consist 
of  twelve  magistrates,  each  of  whom  shall  be  a  resident  and 
elector  within  said  first  division.  The  board  of  the  second 
division  shall  consist  of  fifteen  magistrates,  ten  of  whom  shall 
be  residents  and  electors  of  the  borough  of  Brooklyn,  three 
of  the  borough  of  Queens  and  two  of  the  borough  of  Rich- 
mond, which  said  board  shall  be  created  as  hereinafter  pro- 
vided. 

§  1392.  The  city  magistrates  of  the  first  division  in  office 
on  the  first  day  of  January,  nineteen  hundred  and  two,  shall 
hold  office  until  the  expiration  of  their  respective  terms 


CHARTER  OF  NEW  YORK  CITY. 


691 


Their  successors  shall  be  appointed  by  the  mayor  and  shall 
hold  office  for  the  term  of  ten  years  to  commence  on  the  first 
day  of  January  next  succeeding  their  appointment.  Upon  the 
happening  of  any  vacancy  in  said  office  in  the  first  division, 
whether  by  expiration  of  a  term  or  for  any  other  cause,  the 
mayor  shall  appoint  some  proper  person  to  fill  such  vacancy 
within  thirty  days  after  the  same  occurs;  and  in  case  such 
vacancy  occurs  otherwise  than  by  expiration  of  a  term,  the 
person  appointed  to  fill  the  same  shall  be  appointed  for  the 
unexpired  residue  of  the  term.  Upon  making  an  appoint- 
ment of  a  city  magistrate  in  the  first  division,  the  mayor 
shall  make  three  written  certificates  thereof,  each  of  which 
shall  state  the  title  of  the  office,  the  borough  and  division 
from  which  and  the  term  for  which  the  appointment  is  made. 
One  of  such  certificates,  he  shall  deliver  to  the  person  ap- 
pointed and  of  the  others,  he  shall  cause  one  to  be  filed  in  the 
office  of  the  city  clerk,  and  one  to  be  filed  in  the  office  of  the 
clerk  of  the  county  in  which  is  situated  the  borough 
from  which  such  person  is  appointed.  The  city  mag- 
istrates in  office  in  the  second  division  on  the  first 
day  of  January,  nineteen  hundred  and  one,  who  were 
police  justices  in  the  former  city  of  Brooklyn  in  office  on 
the  thirty-first  day  of  January,  eighteen  hundred  and  ninety- 
eight,  shall  hold  office  until  their  successors  are  elected  at 
the  general  election  to  be  held  in  the  year  nineteen  hundred 
and  one,  but  all  city  magistrates  in  the  borough  of  Brooklyn 
appointed  after  January  thirty-first,  eighteen  hundred  and 
ninety-nine,  who  were  in  office  on  January  first,  nineteen  hun- 
dred and  one,  shall  hold  office  until  their  successors  are 
elected  at  the  general  election  to  be  held  in  the 
year  nineteen  hundred  and  seven.  The  terms  of  the 
present  city  magistrates  of  the  second  division  of  the 
city  of  New  York,  who  were  formerly  police  jus- 
tices in  the  former  city  of  Brooklyn,  shall  expire  on  the 
thirty-first  day  of  December,  nineteen  hundred  and  one,  and 
their  successors  who  shall  be  elected  at  the  general  election 
to  be  held  in  the  year  nineteen  hundred  and  one  shall  take 
office  on  the  first  day  of  January  in  the  year  nineteen  hundred 
and  two.  The  successors  of  such  magistrates  shall  at  all 
times  thereafter  be  elected  at  the  general  election  to  be  held 
in  the  year  at  the  end  of  which  the  term  of  said  city  magis- 
trates shall  expire,  and  shall  be  residents  and  electors  of  the 
borough  from  which  said  magistrates  whom  they  shall  be 
elected  to  succeed  were  appointed  or  elected,  and  shall  hold 


592 


LAWS  OP  NEW  YORK. 


office  for  six  years.    Upon  the  happening  of  any  vacancy  in 
said  office  of  city  magistrate  in  the  second  division,  whether 
by  expiration  of  a  term  or  for  any  other  cause  the  same  shall 
be  filled  at  the  next  ensuing  general  election  at  which  a  city 
magistrate  can  be  elected,  for  the  unexpired  term  commenc- 
ing on  the  first  day  of  January  after  such  election,  and  the 
mayor  shall   appoint   some   proper  person  to   fill  such 
vacancy   in    the    interim.     At    the    general   election  to 
l)e    held    in    the    borough    of    Brooklyn    in    the  year 
nineteen    hundred   and    one,    there   shall   be   elected  in 
each   congressional  district,  as  then   constituted   in  said 
borough,  one   city  magistrate,  and   in   the  territory  con- 
stituting the  borough  of  Brooklyn  there  shall  be  elected  two 
city  magistrates  at  large,  and  the  terms  of  office  of  all  said 
city  magistrates  so  elected  shall  commence  on  the  first  day 
of  January  nineteen  hundred  and  two  and  continue  for  six 
years  thereafter.  The  successors  of  said  city  magistrates  in  the 
borough  of  Brooklyn  shall  be  elected  for  the  like  term  and 
in  the  like  manner  at  the  general  election  next  preceding  the 
expiration  of  the  terms  of  their  predecessors,  except  that  the 
successors  of  the  city  magistrates  heretofore  appointed  from 
the  borough  of  Brooklyn  and  in  office  in  the  year  nineteen 
hundred  shall  be  elected  at  the  election  next  preceding  the 
expiration  of  their  terms  as  hereinbefore  designated,  and 
they  shall  be  elected  at  large  in  said  borough  of  Brooklyn 
for  the  term  of  six  years  commencing  on  the  first  day  of 
January  succeeding  their  election,  and  their  successors  shall 
be  elected  for  a  like  term  and  in  a  like  manner.   The  succes- 
sors to  the  present  city  magistrates  for  the  boroughs  of 
Queens  and  Richmond  shall  be  elected  at  the  general  elec- 
tion to  be  held  in  said  boroughs  next  preceding  the  expiration 
of  their  respective  terms.    At  the  general  election  to  be  held 
in  the  boroughs  of  Queens  and  Richmond  in  the  year  nine- 
teen hundred  and  five  there  shall  be  elected  in  the  territory 
constituting  the  borough  of  Queens,  one  city  magistrate  at 
large,  and  in  the  territory  constituting  the  borough  of  Rich- 
mond one  city  magistrate  at  large,  and  at  the  general  election 
to  be  held  in  the  boroughs  of  Queens  and  Richmond  in  the 
year  nineteen  hundred  and  seven,  there  shall  be  elected  in 
the  territory  constituting  the  borough  of  Queens,  two  city 
magistrates  at  large  and  in  the  territory  constituting  the 
borough  of  Richmond  one  city  magistrate  at  large.  The 
terms  of  office  of  said  city  magistrates  so  elected  for  the  bor- 
oughs of  Queens  and  Richmond  shall  commence  on  the  first 


CHARTER  OF  NEW  YORK  CITY. 


593 


day  of  January  next  succeeding  their  election  and  the  terms 
of  all  said  city  magistrates  so  elected  shall  continue  for  six 
years  thereafter.  The  successors  of  the  said  city  magistrates 
in  the  boroughs  of  Queens  and  Richmond  shall  be  elected 
for  the  Hke  term  and  in  the  like  manner  at  the  general  elec- 
tion next  preceding  the  expiration  of  the  terms  of  their  suc- 
cessors. Upon  the  happening  of  any  vacancy,  the  same  shall 
be  filled  by  election  at  the  next  general  election  occurring  at 
least  thirty  days  after  such  vacancy,  at  which  an  election  for 
a  city  magistrate  can  be  held.  If  such  election  is  for  an  un- 
expired term,  it  shall  be  for  the  residue  of  said  term,  and  until 
the  first  day  of  January  next  after  such  election,  said  office 
shall  be  filled  by  appointment  by  the  mayor  of  The  City  of 
New  York,  within  thirty  days  after  such  vacancy  shall  occur. 
The  city  magistrates  elected  or  appointed  pursuant  to  this 
act,  shall,  before  entering  upon  their  duties,  take  the  oath  of 
office  prescribed  by  the  constitution  and  file  the  same  with 
the  city  clerk. 

Organization  and  powers  of  the  boards. 

§  1393.  Each  board  of  city  magistrates  may  elect  a  president 
from  their  own  number,  and  at  pleasure  remove  him  and  elect 
a  successor.  All  the  meetings  of  such  board  shall  be  public, 
and  its  proceedings  shall  be  recorded  in  its  books  of  minutes 
by  its  secretary,  and  shall  be  preserved.  Each  board  may 
designate  a  police  clerk  to  act  as  its  secretary,  and  from  time 
to  time  substitute  any  other;  and  the  salary  of  such  police  clerk 
as  such  secretary  shall  not  exceed  five  hundred  dollars  per 
annum.  Each  board  shall  establish  public  rules  relative  to  its 
meetings,  which,  as  far  as  possible,  shall  be  held  at  regular 
times — for  the  order  and  transaction  of  its  business  thereat; 
for  the  keeping  and  preservation  of  the  minutes  of  its  aoings; 
for  the  appointment  of  employes;  and  for  the  public  inspect 
tion  of  its  minutes,  under  the  care  of  the  secretary,  at  reason- 
able times.  The  concurrence  of  a  majority  of  all  the  mem- 
bers of  a  board  of  city  magistrates  shall  be  necessary  to  adopt 
any  resolution  of  said  board. 

Police  clerks. 

§  1394.  The  board  of  city  magistrates  of  the  first  division 
shall  have  the  authority  and  duty  of  appomting  seven  police 
clerks;  each  board  shall  regulate  the  time,  piace  and  manner 
of  the  discharge  of  the  duty  of  the  police  clerks;  but  the  police 
clerks  in  the  first  department  in  office  on  the  first  day  of  Janu- 


594 


LAWS  OF  NEW  YORK. 


ary,  nineteen  hundred  and  two,  shall  continue  to  hold  office 
until  the  expiration  of  their  several  terms.  Each  police  clerk 
in  the  first  department  shall  be  appointed  for  the  term 
of  four  years,  and,  on  making  the  appointment,  the  board  shall 
cause  three  certificates  to  be  signed  by  its  president  and  secre- 
tary, each  of  which  shall  state  the  term  of  the  office,  the  bor- 
ough and  division  from  which  and  the  term  for  which  the 
appointment  is  made,  and  when  it  will  expire,  and  the  secre- 
tary shall  deliver  one  of  said  certificates  to  the  person  so 
appointed,  and  shall  cause  the  other  certificates  to  be  filed, 
one  in  the  office  of  the  city  clerk,  and  one  in  the  office  of  the 
clerk  of  the  county  in  which  is  situated  the  borough  from 
which  such  person  was  appointed.  Upon  the  question  of  the 
appointment  of  a  police  clerk  or  other  appointee,  in  the  first 
department  the  members  of  the  board  shall  vote  as  their 
names  are  called  by  the  secretary,  and  the  vote  of  each  mem- 
ber shall  be  recorded  in  the  minutes.  No  clerk  or  other 
officer  or  employe  appointed  by  a  board  of  city  magistrates, 
or  by  any  magistrate,  shall  hold  any  other  office  or  be  in- 
terested in  any  other  business,  but  they  shall  give  their  whole 
time  to  their  respective  duties,  and  shall  be  residents  of  The 
City  of  New  York,  and  of  the  divisions  within  which  they 
were  appointed,  and,  in  the  second  division,  they  shall  each 
be  residents  of  the  borough  from  w^hich  they  are  appointed. 

The  police  clerks  and  police  clerks'  assistants  in  office  in 
said  second  division  of  The  City  of  New  York  at  the  time  this 
act  takes  effect  shall  continue  in  their  respective  offices  until 
midnight  of  December  thirty-first,  nineteen  hundred  and  one, 
after  which  date  their  respective  duties  shall  cease  and  deter- 
mine, and  their  different  positions  be  deemed  abolished. 

Bond  of  police  clerks. 

§  1395.  Before  any  police  clerk  in  the  first  division  shall 
enter  upon  the  discharge  of  his  duty,  he  shall  file  in  the  office 
of  the  comptroller  of  the  city  a  bond  in  the  penal  sum  of  five 
thousand  dollars,  with  two  sureties,  conditioned  for  the  faith- 
ful discharge  of  his  duty  as  a  police  clerk  and  the  due  account- 
ing for  and  the  payment  of  all  money  received  by  him  as  such 
clerk,  such  bond  to  be  approved  by  said  comptroller,  whose 
approval  shall  be  evidenced  by  his  certificate  endorsed  there- 
on. 


OHAETER  OF  NEW  YORK  CITY.  505 


Other  appointees. 

§  1396.  The  said  boards  of  city  magistrates  in  the  first  divi- 
sion may  appoint  police  clerks'  assistants,  stenographers,  in- 
terpreters and  other  necessary  attendants.  Such  appointees, 
including  those  in  office  when  this  act  takes  effect,  shall 
hold  their  respective  positions  so  long  as  they  are 
faithful,  capable  and  of  good  conduct,  and  before  removal,  for 
want  of  either  or  all  of  said  qualifications,  the  individual 
against,  whom  charges  are  made  shall  have  notice  thereof,  and 
an  opportunity  to  make  an  explanation  in  the  presence  of  the 
board,  and  the  reasons  for  any  removal  shall  be  briefly  entered 
in  the  minutes.  The  poHce  clerks'  assistants,  and  other  assist- 
ants in  any  city  magistrate's  court,  shall  obey  the  reasonable 
directions  of  the  police  clerk  assigned  to  that  court,  subject, 
however,  to  the  proper  orders  of  the  city  magistrate  presiding 
and  of  the  board  of  city  magistrates.  The  number  of  police 
clerks' assistants  in  the  first  division  shall  not  exceed  fourteen. 
Police  clerks'  assistants  in  the  boroughs  of  Manhattan  and 
The  Bronx  shall  receive  a  salary  not  exceeding  two  thousand 
dollars  per  annum.  The  salary  of  the  stenographers  shall 
not  exceed,  in  the  boroughs  of  Manhattan  and  Brooklyn,  two 
thousand  dollars  per  annum;  in  the  other  boroughs,  eighteen 
hundred  dollars  per  annum.  There  shall  be  no  police 
clerks'  assistants  in  the  boroughs  of  Queens  and  Richmond, 
except  as  provided  in  the  next  section. 

§  1396a.  Each  city  magistrate  hereafter  elected  in  a  con- 
gressional district  or  appointed  for  a  full  term  in  said  second 
division  of  The  City  of  New  York  shall  have  the  authority 
to  appoint  one  police  clerk,  and  two  assistant  clerks  and  a 
stenographer,  said  clerks  to  perform  such  duties  as  the  board 
of  city  magistrates  in  said  second  division  shall  regulate  and 
determine.  Each  police  clerk  shall  be  appointed  for  the  term 
of  four  years,  and  on  making  such  appointments  the  city 
magistrate  so  appointing  shall  sign  three  certificates,  each  of 
which  shall  state  the  term  of  office,  borough  and  division  from 
which,  and  term  for  which,  the  appointment  is  made,  and 
when  it  will  expire.  The  magistrate  shall  deliver  one  of  said 
certificates  to  the  person  so  appointed,  and  shall  cause  the 
other  certificates  to  be  filed,  one  in  the  office  of  the  city  clerk, 
and  one  in  the  clerk's  office  of  the  county  in  which  is  situated 
the  borough  from  which  such  person  is  appointed.  The 
salary  of  each  police  clerk,  in  the  first  division  and  in  the 
borough  of  Brooklyn,  shall  be  twenty-five  hundred  dollars  per 
annum,  payable  monthly,  and  the  salary  of  each  assistant 


596 


LAWS  OF  NEW  YORK. 


clerk  in  the  borough  of  Brooklyn  shall  not  exceed  two  thou- 
sand dollars  per  annum,  and  in  the  boroughs  of  Queens  and 
Richmond  said  clerks'  salaries  shall  be  two  thousand  dollars 
per  year,  payable  monthly;  and  no  such  clerk,  deputy' clerk 
or  employe  appointed  by  said  city  magistrates  shall  hold 
any  other  office  or  be  interested  in  any  other  business,  but 
shall  give  their  whole  time  to  their  respective  duties,  and 
shall  be  residents  of  the  borough  in  which  the  appointing 
magistrate  is  elected. 

Authority  to  adopt  rules. 

§  1397.  Each  board  of  city  magistrates  shall  adopt,  and 
may  from  time  to  time  amend  or  add  to,  rules  relating  to  the 
following  subjects,  and  which  shall  be  binding  on  said  city 
magistrates^  and  shall  regulate  the  business  of  such  city 
magistrates,  courts  and  boards: 

1.  As  to  the  magistrates  who  shall  hold  city  magistrates' 
courts  at  times  and  places  to  be  specified,  and  for  a  rotation 
of  the  magistrates  holding  such  courts. 

2.  As  to  the  hours  at  which  said  courts  shall  be  opened  on 
each  day,  including  Sundays  and  legal  holidays,  and  what 
officers  shall  be  in  attendance. 

3.  As  to  the  order  of  business  and  the  manner  of  its  dis- 
charge, including  the  taking  of  bail  and  entering  into  recog- 
nizances. 

4.  As  to  the  manner  in  which  the  police  clerks  and  their 
assistants  shall  keep  complete  records  of  the  doings  of  said 
courts  and  magistrates,  and  perform  their  other  duties. 

5.  As  to  the  collection  and  disposition  of  any  moneys  by 
any  police  clerk,  and  as  to  keeping  accounts  of  the  same. 

6.  The  board  of  city  magistrates  in  the  first  division  shall 
further  adopt,  and  may  from  time  to  time  amend,  rules  rela- 
tive to  the  organization  of  a  part  of  the  court  for  the  hearing 
of  children's  cases,  as  provided  in  section  thirteen  hundred  and 
ninety-nine  of  this  act,  and  to  the  assignment  of  magistrates 
of  the  first  division  to  hold  the  said  part. 

Maintenance  of  order  in  courts. 

§  1398.  The  said  boards  of  city  magistrates,  and  each  of 
them,  shall  also  have  power  to  make  needful  rules  and  regu- 
lations for  the  maintenance  of  order  in  and  about  the  said  city 
magistrates'  courts,  and  the  offices  appropriated  to  the  use  of 
the  magistrates,  clerks  and  officers  thereof,  respectively,  and 
all  persons  wilfully  violating  any  such  rule  or  regulation  may 


CHARTER  OF  NEW  YORK  CITY.  597 


be  arrested  and  punished  in  the  same  manner  as  is  now  pro- 
vided by  law  for  the  punishment  of  disorderly  conduct  tending 
to  a  breach  of  the  peace  in  said  city.  And  said  boards  may 
make  proper  provisions  by  rule  to  prev-ent  undue  publicity  of 
proceedings  before  any  city  magistrate  in  respect  of  any 
charges,  pending  attempts  to  make  arrests,  and  also  in  cases 
where  there  is  good  reason  to  think  such  publicity  is  sought 
for  the  gratification  of  malice  or  pernicious  curiosity.  Subject 
to  the  rules  which  may  be  established  for  the  holding  of  a  part 
for  the  hearing  of  children's  cases  as  provided  in  section  thir- 
teen hundred  and  ninety-nine  of  this  act,  the  several  city  mag- 
istrates' courts  shall  be  opened  every  day  at  nine  o'clock  in  the 
morning,  and  in  the  first,  second,  third,  fourth,  fifth  and 
seventh  districts  of  the  first  division,  and  the  first,  second, 
third,  fourth  and  fifth  districts  of  the  borough  of  Brooklyn, 
shall  not  be  closed  before  four  o'clock  in  the  afternoon,  ex- 
cept on  Saturdays,  Sundays  and  holidays,  when  morning 
sessions  only  shall  be  necessary.  The  sixth  district  court  of 
the  first  division,  and  each  of  said  courts  not  above  enumer- 
ated of  the  second  division,  shall  be  open  each  day  during 
such  hours  as  the  respective  boards  of  city  magistrates  shall 
by  rule  determine.  On  any  day  of  general  election  each 
court  shall  be  kept  open  until  the  polls  are  closed. 

Establishment  of  part  for  children's  cases  in  first  division. 

§  1399.  The  board  of  city  magistrates  of  the  first  division 
shall  assign  a  separate  part  for  the  hearing  and  disposition  of 
cases  now  within  the  jurisdiction  of  said  magistrates  involving 
the  trial  or  commitment  of  children,  which  part  may  for  con- 
venience be  called  the  children's  court;  and  in  all  such  cases 
the  magistrate  holding  said  court  shall  have  all  the  powers, 
duties  and  jurisdiction  now  possessed  by  the  city  magistrates 
within  said  first  division.  Said  children's  court  shall  be  held 
by  the  several  magistrates  in  rotation  in  such  manner  as  may 
be  determined  by  said  board,  and  shall  be  open  on  such  days 
and  during  such  hours  as  the  said  board  shall  in  its  rules  pro- 
vide. Whenever,  under  any  provision  of  law,  a  child  under 
sixteen  years  of  age  is  taken  before  a  city  magistrate  in  the 
first  division  sitting  in  any  court  other  than  the  children's 
court,  it  shall  be  the  duty  of  such  magistrate  to  transfer  the 
case  to  the  children's  court,  if  the  case  falls  within  the  juris- 
diction of  said  court  as  herein  provided,  and  it  shall  be  the 
duty  of  the  officer  having  the  child  in  charge  to  take  such 
child  before  that  court,  and  in  any  such  case  the  magistrate 


59'8 


LAWS  OF  ]S[EW  YORK. 


holding  said  children's  court  must  proceed  to  hear  and  dispose 
of  the  case  in  the  same  manner  as  if  it  had  been  originally 
brought  therein.  The  board  of  city  magistrates  shall  appoint 
a  clerk  for  the  children's  court  and  such  assistants  as  may  be 
necessary,  whose  salaries  shall  be  fixed  by  the  board  of  alder- 
men on  the  recommendation  of  the  board  of  estimate  and 
apportionment.  The  said  court  shall  be  held,  if  practicable, 
in  the  building  in  which  the  offices  of  the  department  of  public 
charities  for  the  examination  of  dependent  children  are 
located,  or  if  this  shall  not  be  practicable,  the  court  shall  be 
held  in  some  other  building  as  near  thereto  as  practicable,  to 
be  selected  by  the  commissioners  of  the  sinking  fund.  Nothing 
herein  contained  shall  affect  any  provisions  of  law  with  re- 
spect to  the  temporary  commitment  by  magistrates  of  children 
charged  with  crime  or  held  as  witnesses  for  the  trial  of  any 
criminal  case,  or  the  existing  jurisdiction  of  the  court  of 
special  sessions. 

Court  records. 

§  1400.  Each  police  clerk  shall  keep  books  of  record  con- 
taining the  name  and  sex,  as  near  as  may  be  the  age  of  all 
persons  against  whom  complaints  or  charges  have  been  made, 
the  nature  and  date  of  the  complaint  or  charge,  and  the  name 
and  residence  of  the  complainant,  giving  street  and  number; 
the  date  and  nature  of  all  warrants  or  other  process  issued, 
and  against  whom;  the  dates,  nature  and  result  of  all  exam- 
inations; the  date  of  the  reception  and  the  name  and  the 
disposition  of  all  prisoners;  the  names  of  all  persons  waiving 
examinations;  the  names  of  all  persons  givmg  bail  and  its 
amount,  and  the  names  and  residence  of  all  bondsmen;  the 
name,  residence  and  the  age,  as  near  as  possible,  and  the  sex 
of  all  persons  committed,  fined,  convicted,  held  for  trial  or 
sent  to  any  other  court  for  trial,  and  for  what  cause,  and  by 
what  magistrate,  and  at  what  date ;  the  date  at  which  any  fine 
is  paid,  by  whom,  and  the  amount;  the  name,  residence,  age 
and  sex  of  all  persons  discharged,  by  what  magistrate,  of  what 
charge,  and  at  what  date,  together  with  a  suggestion  of  the 
cause  of  such  discharge;  the  place  and  date  of  filing  and  the 
result  of  the  prosecution  of  recognizances;  the  name  and 
address  of  any  attorney  appearing  in  respect  of  any  charge  or 
on  any  hearing,  and  the  reasons  for  any  unusual  delay  in  any 
proceeding. 


! 


CHARTER  OF  NEW  YORK  CITY. 


599 


Qualifications  of  city  magistrates. 

§  1 40 1.  No  person  shall  be  appointed  to  the  office  of  city 
magistrate  unless  he  shall  have  been  admitted  to  practice  as 
an  attorney  and  counselor  at  law  in  the  courts  of  this  state 
at  least  five  years  prior  to  the  date  of  such  appointment,  unless 
he  was  a  police  justice  in  office  on  the  first  day  of  January, 
eighteen  hundred  and  ninety-five.  No  city  magistrate  shall 
receive  to  his  own  use  any  fees  or  perquisites  of  office;  nor 
shall  any  such  magistrate  hold  any  other  public  office,  or 
carry  on  any  business,  or  practice  as  an  attorney  or  counselor 
at  law  in  any  court  in  this  state,  or  act  as  referee  or  receiver; 
but  each  magistrate  shall  devote  his  whole  time  and  capacity, 
so  far  as  the  public  interests  demand,  to  the  duties  of  his 
office. 

§  1401a.  A  city  magistrate  or  police  clerk  may  be  removed 
for  cause,  after  due  notice  and  an  opportunity  of  being  heard, 
by  the  appellate  division  of  the  supreme  court  within  the 
division  for  which  such  city  magistrate  or  poHce  clerk  was 
appointed. 

Salaries  of  city  magistrates. 

§  1402.  The  salaries  of  the  city  magistrates  now  in  office, 
and  of  their  successors,  to  be  paid  in  equal  monthly  install- 
ments, shall  be  as  follows :  The  salary  for  each  city  magistrate 
for  the  first  division  shall  be  seven  thousand  dollars 
per  annum.  The  salary  of  each  city  magistrate  appomted 
from  the  borough  of  Brooklyn,  in  the  second  division,  shall 
be  six  thousand  dollars  per  annum.  The  salary  of  each  city 
magistrate  from  the  boroughs  of  Queens  and  Richmond  shall 
be  five  thousand  dollars  per  annum. 

Inability  of  magistrate  to  act;  transfer  of  charges. 

§  1403.  If  a  vacancy  exists  in  the  office  of  city  magis« 
trate,  or  the  illness,  absence  or  other  inability  of  any  magis- 
trate, assigned  to  hold  any  city  magistrates'  court  in  either 
division,  prevent  his  holding  the  same,  any  other  city 
magistrate  in  The  City  of  New  York  may  hold  such  court, 
and  the  fact  of  such  vacancy,  illness,  absence  or  other  inability 
shall  be  adequate  cause,  without  further  entry  upon  the  record, 
for  the  transfer  of  all  pending  charges  or  complaints  in  said 
court,  if  the  magistrate  appearing  and  holding  such  court  shall 
elect  to  proceed  therein.  No  charge,  complaint  or  person 
brought  before  one  city  magistrate,  except  as  provided  in  this 


600 


LAWS  OF  NEW  YORK. 


section  or  in  section  thirteen  hundred  and  ninety-nine  of  this 
act,  shall  be  sent  before  another  magistrate,  except  for  ade- 
quate cause,  to  be  fully  and  at  once  entered  upon  the  records 
kept  by  the  respective  police  clerks  and  signed  by  the  magis- 
trate, and  no  person  shall  be  committed  or  recommitted  for 
examination  save  for  necessary  cause,  to  be  then  clearly  stated 
upon  the  record;  the  hearing  upon  any  charge  shall  not  be 
adjourned  to  another  day  without  the  reason  therefor  being 
entered  upon  such  record,  nor  shall  any  charge  be  dismissed 
or  any  prisoner  discharged  without  record  thereof  made  as 
above  provided. 

Appeals  from  city  magistrates. 

§  1404.  All  provisions  of  law  conferring  the  right  of  appeal 
and  prescribing  the  procedure  on  appeal  to  the  court  of  gen- 
eral sessions  of  the  peace  in  the  county  of  New  York  from 
any  judgment,  order  or  other  determination  of  a  city  magis- 
trate, including  a  commitment  under  section  two  hundred  and 
ninety-one  of  the  penal  code,  or  of  any  court  held  by  a  city 
magistrate,  in  force  on  the  first  day  of  January,  nineteen  hun- 
dred and  two,  shall  apply  to  and  regulate  all  appeals  and  the 
right  of  appeal  in  all  cases  hitherto  existing  is  hereby  pre- 
served and  continued.  The  right  of  appeal  from  any  judg- 
.ment,  order  or  other  determination  of  a  city  magistrate  in 
the  second  division,  hitherto  existing,  to  the  county  court  of 
the  county  where  the  said  judgment,  order  or  other  deter- 
mination is  made,  is  hereby  preserved  and  continued. 

Special  sessions  continued. 

§  1405.  The  court  of  special  sessions  of  The  City  of  New 
York  is  hereby  continued  with  the  same  powers,  duties  and 
jurisdiction  as  it  shall  have  by  law  on  the  first  day  of  January, 
nineteen  hundred  and  two.  The  justices  of  the  court 
of  special  sessions  of  the  first  and  second  divisions  of  The  City 
of  New  York  are  hereby  continued  in  office  until  the  expira- 
tion of  the  terms  for  which  they  have  been  appointed,  and 
their  successors  shall  be  appointed  by  the  mayor  for  the  term 
of  ten  years. 

Vacancies. 

§  1406.  Any  vacancy  in  said  office  shall  be  filled 
by  the  mayor  of  said  city  by  appointment  within  thirty  days 
after  its  occurrence.  If  such  vacancy  occur  otherwise  than 
by  expiration  of  a  term  the  person  appointed  to  fill  such 


CHARTER  OF  NEW  YORK  CITY. 


601 


vacancy  shall  hold  office  for  the  unexpired  term  of  the  justice 
whom  he  succeeds.  If  the  vacancy  occur  by  the  expiration 
of  a  term,  the  person  appointed  to  succeed  the  justice  whose 
term  has  expired  shall  hold  office  for  the  term  of  ten  years. 
The  salary  of  the  justices  of  the  court  of  special  sessions  in 
the  first  division  shall  be  nine  thousand  dollars  a  year;  and  in 
the  second  division  shall  be  six  thousand  dollars  a  year;  to  be 
paid  in  all  cases  in  equal  monthly  instalments. 

Clerks. 

§  1407.  Justices  of  the  said  court  of  special  sessions  for  the 
first  and  second  divisions  respectively  shall  appoint  a  clerk  and 
deputy  clerk  of  such  court.  Such  clerks  and  deputy  clerks 
shall  respectively  hold  office  for  the  term  of  five  years  from 
the  date  of  their  appointment,  and  the  clerks  and  deputy  clerks 
now  in  office  shall  serve  until  the  expiration  of  their  present 
terms.  The  clerk  in  the  first  division  shall  receive  a  salary 
of  four  thousand  dollars  a  year,  payable  in  monthly  install- 
ments, and  the  clerk  of  the  second  division  shall  receive  a  sal- 
ary of  three  thousand  dollars  a  year,  and  payable  in  equal 
monthly  instalments.  Any  vacancy  in  the  office  of  clerk  or 
deputy  clerk  shall  be  filled  by  the  justice  of  said  court  by 
appointment.  If  any  vacancy  shall  occur  otherwise  than  by 
expiration  of  the  term  of  office,  the  person  appointed  to  fill 
such  vacancy  shall  hold  office  for  the  balance  of  the  unexpired 
term  of  the  officer  whom  he  succeeds.  The  said  justices  shall 
also  appoint  such  and  so  many  officers  and  attendants,  includ- 
ing a  stenographer,  as  may  be  necessary  for  the  due  transac- 
tion of  the  business  of  said  court.  The  said  justices  may 
remove  the  clerk,  deputy  clerk  or  any  officer  or  attendant,  but 
no  deputy  clerk,  officer  or  attendant  shall  be  removed  until  he 
shall  have  had  notice  of  the  cause  of  his  proposed  removal, 
and  shall  have  been  afforded  an  opportunity  of  making  an 
explanation  before  said  justices  or  a  majority  of  them,  and  the 
reasons  of  any  removal  shall  be  entered  in  the  minutes  of  the 
court. 

Court  of  special  sessions,  how  held. 

§  1408.  The  court  of  special  sessions  of  either  of  said 
divisions  of  The  City  of  New  York  must  be  held  by  three 
of  the  justices  of  said  court,  and  any  order,  determination  or 
judgment  of  two  of  said  justices  shall  be  the  order,  determina- 
tion or  judgment  of  the  court.  Said  court  shall  sit  in  every 
month  of  the  year  in  said  first  division  and  in  each  of  said 
boroughs  of  Brooklyn,  Queens  and  Richmond. 


602 


LAWS  OF  NEW  YORK. 


Jurisdiction. 

§  1409.  The  said  courts  of  special  sessions  shall  have  juris- 
diction as  follows: 

I.  Except  as  otherwise  provided  in  this  title,  the  said  courts 
of  special  sessions  of  The  City  of  New  York  shall  have  in  the 
first  instance  exclusive  jurisdiction  to  hear  and  determine  all 
charges  of  misdemeanors  committed  within  The  City  of  New 
York,  except  charges  of  libel.  Provided,  however,  that  the 
same  shall  be  tried  in  the  county  wherein  such  misdemeanors 
are  charged  to  have  been  committed.  The  said  courts  shall, 
however,-  be  divested  of  jurisdiction  to  proceed  with  the  hear- 
ing and  determination  of  any  charge  of  misdemeanor  in  either 
of  the  following  cases: 

First.  If,  before  the  commencement  of  the  trial  in  said 
court  of  any  person  accused  of  a  misdemeanor,  a  grand  jury 
shall  present  an  indictment  against  the  same  person  for  the 
same  offense;  or 

Second.  If,  before  the  commencement  of  any  such  trial,  a 
justice  of  the  supreme  court  in  the  judicial  department  where 
such  trial  would  be  had;  or,  if  the  charge  be  triable  in  the 
county  of  New  York,  the  recorder  of  the  county  of  New  York 
or  a  judge  authorized  to  hold  a  court  of  general  sessions  of  the 
peace  in  and  for  the  county  of  New  York;  or,  if  the  charge 
be  triable  in  another  county,  a  county  judge  of  such  county 
shall  certify  that  it  is  reasonable  that  such  charge  shall  be 
prosecuted  by  indictment.  No  such  certificate  shall  be  made 
upon  the  application  of  a  defendant,  without  at  least  two  days' 
notice  to  the  district  attorney,  but  pending  the  determination 
of  the  application  therefor,  any  justice  or  judge  authorized  to 
make  such  certificate  may  order  that  all  proceedings  in  the 
court  of  special  sessions,  except  to  admit  to  bail,  be  stayed 
for  a  period  or  for  successive  periods,  which  shall  not  in  all 
exceed  ten  days.  Upon  the  service  of  said  order  upon  the 
clerk  of  the  said  court  of  special  sessions  in  the  county  wherein 
the  charge  is  triable,  all  proceedings  thereon  in  said  court, 
except  to  admit  the  defendant  to  bail,  shall  be  stayed  until  the 
expiration  of  the  time  specified  in  said  order.  Upon  the  filing 
of  the  certificate  aforesaid  w^ith  the  clerk  of  the  said  court  of 
special  sessions,  in  the  county  wherein  the  charge  is  triable, 
all  further  proceedings  thereon  by  said  court  of  special  sessions 
shall  be  stayed,  and  the  said  clerk  shall  within  five  days  there- 
after make  a  return  of  all  proceedings  had  in  the  said  court  of 
special  sessions  relating  to  such  charge  and  transmit  such 
return  and  all  papers  relating  to  such  charge,  together  with 


CHARTER  OF  NEW  YORK  CITY. 


603 


said  certificate  and  any  undertaking  given  by  the  defendant 
to  the  district  attorney  of  the  county  wherein  the  misdemeanor 
charged  is  alleged  to  have  been  committed.  The  said  district 
attorney  shall  without  delay  present  the  said  charge  to  the 
grand  jury  of  said  county. 

2.  They  shall  have  jurisdiction  at  the  request  of  a  defendant 
to  remit  a  fine  imposed  by  them  and  in  place  of  such  fine  to 
substitute  in  their  discretion  imprisonment. 

3.  They  shall  have  exclusive  jurisdiction  in  the  first  instance 
of  all  proceedings  respecting  bastards  within  The  City  of  New 
York  and  the  jurisdiction  conferred  by  sections  eight  hundred 
and  thirty-eight  to  eight  hundred  and  sixty  inclusive  of  the 
code  of  criminal  procedure  shall  be  exclusively  exercised  within 
said  city  by  said  courts.  The  application  specified  in  section 
eight  hundred  and  forty  of  said  code  of  criminal  procedure 
shall  be  made  to  the  court  of  special  sessions  in  the  county 
wherein  a  bastard  is  born  or  where  the  woman  pregnant  of  a 
bastard  likely  to  be  born  is.  If  a  defendant  desire  to  appeal 
from  an  order  of  filiation,  mentioned  in  section  eight  hun- 
dred and  fifty  of  the  code  of  criminal  procedure,  such  appeal 
shall  be  taken  in  accordance  with  section  fourteen  hundred 
and  thirteen  of  this  act,  except  that  the  presiding  justice,  or, 
in  his  absence  or  disability,  any  justice,  who  sat  on  the  trial 
of  the  defendant  may  take  a  bond  from  the  defendant  in  such 
sum  and  with  such  sureties  as  the  said  justice  may  approve, 
thathe  will  abide  the  final  decision  of  the  appeal  taken  byhim, 
and  will  pay  all  costs  and  disbursements  on  appeal,  and  that 
if  the  said  order  of  filiation  be  affirmed  he  will  obey  it 
and  make  all  the  payments  therein  directed;  and  if  the  de- 
fendant is  in  custody,  the  justice  may  thereupon  crder  that 
the  defendant  be  discharged  from  imprisonment  and  that  all 
proceedings  on  the  order  of  filiation  be  stayed  pending  the 
decision  of  the  appeal  therefrom.  But  a  defendant  who  has 
executed  an  undertaking  to  obey  an  order  of  filiation  and  in- 
demnify the  public,  as  provided  in  section  eight  hundred  and 
fifty-one  of  the  code  of  criminal  procedure,  cannot  appeal  from 
any  other  part  of  said  order  than  that  which  fixes  the  weekly 
or  other  allowance  to  be  paid.  If  the  said  bond  on  appeal 
shall  not  be  complied  with  it  must  be  sued  upon  by  the  com- 
missioner of  public  charities  in  whose  jurisdiction  it  was 
given. 

4.  The  said  court  and  its  justices  shall  have  and  exercise 
all  the  powers  and  jurisdiction  not  inconsistent  with  this  act 
which  on  the  first  day  of  January,  nineteen  hundred  and 


604 


LAWS  OF  NEW  YORK. 


two,  shall  by  law  be  vested  in  the  court  or  justices  of  special 
sessions  in  The  City  of  New  York. 

Practice. 

§  1410.  On  and  after  the  first  day  of  February, 
eighteen  hundred  and  ninety-eight,  all  sections  of  the  code  of 
criminal  procedure  consistent  with  this  act  regulating  and  con- 
trolling the  practice  and  procedure  of  the  court  of  general 
sessions  of  the  peace  in  the  city  and  county  of  New  York  shall 
apply,  as  far  as  may  be,  to  the  practice  and  procedure  in  the 
said  courts  of  special  sessions,  and  shall  regulate  and  control 
the  practice  and  procedure  of  said  courts  in  so  far  as  their 
jurisdiction  and  organization  will  permit.  All  trials  in  said 
courts  of  special  sessions  provided  for  by  this  title  shall  be 
without  a  jury. 

Justices  to  be  magistrates. 

§  141 1.  The  justices  of  said  courts  of  special  sessions 
are  magistrates,  and  shall  have  and  exercise  all  the  juris- 
diction and  powers  not  inconsistent  with  this  act  which  are 
by  law  conferred  upon  magistrates. 

Adoption  of  rules. 

§  1412.  The  justices  of  said  courts  of  special  ses- 
sions shall  meet  and  adopt,  and  from  time  to  time  amend  or 
add  to  rules  relating  to  the  following  subjects : 

1.  Regulating  the  procedure  and  practice  of  said  courts. 

2.  Prescribing  the  duties  of  the  clerks  and  other  officers 
and  attendants  of  said  courts. 

Regulation  of  time,  etc. 

§  141 3.   The   justices   of   said   courts   of  special  ses- 
-  sions  of  said  first  and  second  divisions  of  The  City  of  New 
York,  respectively,  shall  meet  and  adopt  and  may,  from  time 
to  time,  amend  or  add  to  rules  relating  to  the  following  sub- 
jects : 

1.  Establishing  the  times  and  places  at  which  said  court 
shall  be  held  within  each  of  said  divisions,  respectively. 

2.  Assigning  the  justices  to  hold  said  courts  from  time  to 
time,  but  if  any  justice  assigned  to  sit  in  said  court  at  any  time 
shall  be  absent  any  other  justice  of  the  court  of  special  sessions 
in  The  City  of  New  York  may  sit  in  his  place  and  stead. 


CHARTER  OF  NEW  YORK  CITY. 


605 


Appeals  from  special  sessions. 

§  14 14.  If  any  judgment  or  determination  made  by  the 
said  court  of  special  sessions  shall  be  adverse  to  the  defendant, 
he  may  appeal  therefrom  in  the  same  manner  as  from  a  judg- 
ment in  an  action  prosecuted  by  indictment,  and  may  be 
admitted  to  bail  upon  an  appeal  in  like  manner;  and  if  the 
judgment  of  the  supreme  court  upon  such  an  appeal  shall  be 
adverse  to  the  defendant,  he  may  appeal  therefrom  to  the 
court  of  appeals  as  prescribed  in  the  code  of  criminal  pro- 
cedure. In  case  of  any  such  appeal  to  the  supreme  court  or  to 
the  court  of  appeals,  the  procedure  in,  and  the  jurisdiction  of, 
the  said  courts  respectively,  shall  be  the  same  as  from  a  judg- 
ment of  conviction  after  indictment. 

Duty  of  district  attorney  to  attend  court,  etc. 

§  141 5.  It  shall  be  the  duty  of  the  district  attorney 
of  each  of  the  counties  of  New  York,  Kings,  Queens  and  Rich- 
mond to  attend  in  person  or  by  an  assistant  at  all  sessions  of 
said  courts  of  special  sessions  within  his  county. 

Qualifications  of  justices  of  special  sessions. 

§  141 6.  No  person  shall  be  appointed  to  the  office  of  justice 
of  the  court  of  special  sessions  in  The  City  of  New  York,  un- 
less he  shall  be  a  resident  of  the  said  city  and  of  the  division 
of  the  city  for  which  he  shall  be  appointed ;  nor  unless  he  shall 
have  been  admitted  to  practice  as  an  attorney  and  counselor  at 
law  in  the  courts  of  this  state  at  least  ten  years  prior  to  the 
date  of  such  appointment.  No  such  justice  shall  receive  to 
his  own  use  any  fees  or  perquisites  of  office;  nor  shall  any 
such  justice  hold  any  other  public  office,  or  carry  on  any  busi- 
ness, or  practice  as  an  attorney  or  counselor  at  law  in  any 
court  in  this  state,  or  act  as  referee  or  receiver ;  but  each  such 
justice  shall  devote  his  whole  time  and  capacity,  so  far  as  the 
public  interests  demand,  to  the  duties  of  his  office. 

Possession  of  court=houses. 

§  141 7.  The  city  magistrates  and  the  boards  of  city 
magistrates  and  the  justices  of  the  court  of  special  sessions 
shall  continue  to  have  the  like  access  and  possession  in  respect 
to  the  court-houses  as  they  have  hitherto  had.  And  it  shall  be 
the  duty  of  The  City  of  New  York  and  its  several  officers 
charged  with  duties  in  that  behalf  to  supply  and  pay  for  what- 
ever may  be  necessary  for  the  transaction  of  business  of  the 
said  city  magistrates  and  courts  of  special  sessions  and  the 


606 


LAWS  OF  NEW  YORK. 


justices  thereof,  and  to  supply  all  proper  court-houses  and 
accommodations,  books,  stationery  and  furniture,  and  to  pay 
all  salaries,  compensations,  expenses  and  disbursements  that 
may  be  herein  or  otherwise  authorized  by  law;  and  the  board 
of  estimate  and  apportionment  shall  annually  include  in  its 
final  estimate  such  sums  as  may  be  necessary  to  pay  such  sal- 
aries, compensations^  expenses  and  disbursements. 

TITLE  4. 

The  Marshals, 
Marshals  of  the  cities  of  New  York  and  Brooklyn  continued. 

§  1424.  The  marshals  in  The  City  of  New  York  as  hereto- 
fore known  and  bounded,  and  the  marshals  and  constables  in 
.the  cities  of  Brooklyn  and  Long  Island  City,  and  in  the  several 
towns  mentioned  in  section  one  of  chapter  one  of  this  act,  in 
office  at  the  time  this  act  shall  take  effect,  shall  continue  to 
hold  such  offices  and  perform  the  duties  thereof  until  midnight 
of  the  thirty-first  day  of  January,  eighteen  hundred  and  ninety- 
eight,  and  said  terms  of  office  shall  then  expire,  except  those 
of  the  marshals  in  the  late  city  of  New  York  and  the  marshals 
in  the  late  city  of  Brooklyn,  who  shall  continue  to  be  marshals 
of  The  City  of  New  York,  as  hereby  constituted,  till  the  ex- 
piration of  their  respective  terms. 

Mayor  to  appoint  marshals;  term  of  office. 

§  1425.  On  or  before  the  twentieth  day  of  January,  eighteen 
hundred  and  ninety-eight,  the  mayor  of  The  City  of  New 
York  shall  appoint  ten  marshals  in  the  manner  provided  in 
the  next  section,  who  shall  hold  their  respective  offices  for  six 
years ;  and  there  shall  be  appointed  in  like  manner  every  sixth 
year  thereafter  the  same  number  of  marshals  for  the  liketerms. 
Any  person  appointed  after  the  commencement  of  the  term, 
as  herein  prescribed,  shall  hold  only  until  the  expiration  of  the 
term  and  until  a  successor  is  duly  appointed  and  has  qualified. 

Id.;  marshals  for  the  boroughs  of  Queens  and  Richmond. 

§  1426.  Six  of  said  marshals  so  to  be  appointed  shall  be 
residents  of  the  borough  of  Queens,  and  four  residents  of  the 
borough  of  Richmond ;  and  said  marshals  shall  be  assigned  by 
the  mayor  to  such  duty  within  the  boroughs  wherein  they 
reside  respectively  as  is  or  may  be  provided  by  law. 


CHARTER  OF  NEW  YORK  CITY. 


607 


Successors  to  present  marshals  of  New  York  city 

§  1427.  On  the  expiration  of  the  terms  of  said  marshals  of 
The  City  of  New  York  mentioned  in  the  last  clause  of  section 
fourteen  hundred  and  twenty-four  of  this  act,  the  said  mayor 
shall  appoint  their  successors  for  terms  of  six  years  respec- 
tively. 

Powers,  duties  and  fees. 

§  1428.  In  so  far  as  consistent  with  this  act,  the  provisions 
of  law  relating  to  the  bonds,  duties,  powers  and  fees  of  mar- 
shals, and  all  other  matters  concerning  marshals  in  The  City 
of  New  York,  in  force  on  the  thirty-first  day  of  December, 
eighteen  hundred  and  ninety-seven,  shall  apply  to  the  marshals 
appointed  or  continued  in  office  pursuant  to  this  title,  provided, 
however,  that  the  bonds  of  said  marshals  so  appointed  pur- 
suant to  this  title  shall  be  filed  in  the  office  of  the  city  clerk, 
and  that  in  the  prosecution  of  the  official  bonds  of  all  marshals, 
application  for  leave  to  prosecute  the  same  shall  be  made  to  a 
justice  of  the  supreme  court  at  chambers  in  the  judicial  depart- 
ment wherein  the  borough  for  which  such  marshal  shall  have 
been  appointed  is  situated,  and  such  leave  shall  not  be  granted 
unless  it  appears  that  a  transcript  of  the  judgment  against  such 
marshal  has  been  filed  in  the  office  of  the  clerk  of  the  county 
within  which  such  borough  is  situated,  and  such  justice  may 
order  such  bond  to  be  prosecuted  in  the  municipal  court  of 
The  City  of  New  York  or  in  the  city  court  of  The  City  of 
New  York  if  such  borough  be  within  the  county  of  New  York 
or  in  the  county  court  of  the  county  wherein  such  borough 
lies,  if  in  any  other  county. 

Removal  of  marshals. 

§  1429.  The  mayor  may  remove  any  marshal,  after  giving 
him  an  opportunity  to  be  heard,  upon  charges  in  writing  pre- 
ferred against  such  marshal,  and  filed  with  the  mayor. 

CHAPTER  XXI. 

The  Acquisition  of  Lands  and  Interests  Therein  for 

Public  Purposes. 
Procedure  for  acquirement  of  lands  and  interests  therein. 

§  1435-  Whenever  The  City  of  New  York,  or  any  of  the 
departments,  including  the  department  of  education, 
boards  or  officers  of  the  said  city  government,  shall  be 


LAWS  OF  NEW  YORK. 


authorized  by  law  to  acquire  title  to  real  estate  or  any  tene- 
ments, hereditaments,  corporeal  or  incorporeal  rights  in  the 
same,  for  any  pubHc  use  or  purpose  by  condemnation,  the 
proceeding  for  that  purpose  shall  be  taken  and  conducted  in 
the  manner  prescribed  in  this  title,  except  as  provided  in  sec- 
tion fourteen  hundred  and  forty-eight  of  this  act. 

Maps  to  be  prepared;  entry  on  premises  for  examination  thereof. 

§  1436.  When  any  such  lands  have  been  selected,  and 
the  said  department,  board  or  officer  has  determined  to 
take  proceedings  for  the  acquisition  of  the  same,  said  de- 
partment, board  or  officer  shall  cause  two  similar  sur- 
veys, maps,  or  plans  thereof  to  be  prepared,  one  of  which 
shall  be  filed  in  the  office  of  the  said  department,  board 
or  officer,  and  the  other  of  which  shall  be  filed  in  the  office 
of  the  register  or  county  clerk  of  the  county  in  which  the 
lands  are  situated ;  and  it  shall  be  lawful  for  the  duly  author- 
ized agents  of  the  said  department,  board  or  officer,  and 
all  persons  acting  under  his  or  its  authority,  and  by  his  or 
its  direction,  to  enter,  in  the  daytime,  into  and  upon  any 
and  all  lands,  tenements,  and  hereditaments  which  it  shall 
be  necessary  to  enter  into  and  upon  for  the  purpose  of  mak- 
ing such  surveys,  maps  or  plans  or  for  the  purpose  of  mak- 
ing such  soundings  or  borings  as  the  said  department,  board 
or  officer  may  deem  necessary. 

§  1436a.  It  shall  be  the  duty  of  the  department,  board  or 
officer  which  has  selected  lands  as  aforesaid  to  submit  the 
matter  to  the  board  of  estimate  and  apportionment,  and  no 
further  proceedings  shall  be  taken  until  the  acquisition  of 
said  lands  is  approved  and  authorized  by  a  majority  vote  of 
all  the  members  of  the  said  board  of  estimate  and  i^pportion- 
ment  at  a  meeting  of  said  board  duly  called  and  held.  Upon 
such  authorization  it  shall  be  the  duty  of  the  corporation 
counsel  to  file  in  the  office  of  the  clerk  of  the  county  where 
the  lands  or  any  part  thereof  are  situated  a  notice  of  the 
pendency  of  proceedings  for  the  acquisition  of  said  lands. 
The  said  notice  shall  briefly  state  the  object  of  the  proceed- 
ings and  shall  contain  a  description  by  metes  and  bounds  of 
the  property  affected  thereby.  It  shall  also  state  the  names 
of  such  of  the  persons  interested  as  owners  or  otherwise  as 
may  be  known  to  the  corporation  counsel,  and  in  case  any  of 
such  persons  interested  as  owners  or  otherwise  are  unknown 
a  statement  to  that  effect  shall  be  made  in  such  notice.  Such 
notice,  from  the  time  of  filing,  shall  be  constructive  notice  to 


CHARTER  OF  NEW  YORK  CITY. 


609 


a  purchaser  or  incumbrancer  of  the  lands  affected  thereby 
from  or  against  any  person  interested  as  owner  or  otherwise 
with  respect  to  whom  the  notice  is  directed  to  be  indexed. 

§  1436b.  Said  board  of  estimate  and  apportionment  shall 
have  power  and  is  hereby  authorized  to  agree  as  to  the  pur- 
chase price  of  the  lands,  and  interests  therein,  selected  as 
aforesaid  or  any  part  thereof.  If  no  such  agreement  is 
reached,  or  if  any  such  agreement  does  not  include  the  whole 
of  the  lands  and  interest  therein,  the  said  board  shall  direct 
the  corporation  counsel  to  institute  proceedings  for  the  con- 
demnation of  said  lands  and  interest  therein  or  such  part 
thereof  in  respect  to  which  no  agreement  has  been  reached  as 
aforesaid,  and  thereupon  it  shall  be  the  duty  of  the  corpora- 
tion counsel  to  conduct  proper  proceedings  thereunto  in  the 
manner  provided  in  this  chapter.  When  any  agreement  as 
to  price  has  been  reached  as  aforesaid  the  amount  agreed 
upon  shall  bear  interest  from  the  date  of  said  agreement,  and 
the  time  of  vesting  title  in  The  City  of  New  York  to  the 
lands  affected  by  such  agreement  shall  be  the  date  of  the 
delivery  of  the  deed,  and  if  no  time  be  specified  for  the  deliv- 
ery of  the  deed,  title  shall  vest  upon  the  date  of  the  final  con- 
firmation of  the  report  of  commissioners,  as  hereinafter  pro- 
vided, as  to  property  concerning  which  no  agreement  has 
been  reached  unless  the  date  of  vesting  title  is  fixed  by  reso- 
lution as  hereinafter  provided. 

§  1436c.  In  all  cases  where  the  owner  of  lands  selected  as 
aforesaid  or  any  part  thereof  is  not  under  legal  disability  to 
convey  title  to  real  property  such  owner  may,  at  any  time 
before  proof  of  value  is  submitted  to  the  commissioners  of 
estimate  hereinafter  provided  for,  submit  a  written  offer  to 
the  board  of  estimate  and  apportionment  to  sell  and  convey 
such  owner's  land  or  interest  therein  at  a  specified  price. 
Such  written  offer  shall  not  be  given  in  evidence  before  the 
commissioners  of  estimate  hereinafter  provided  for,  and  must 
not  be  considered  by  them.  If  such  written  offer  is  not  ac- 
cepted before  proof  of  value  is  submitted  to  the  commis- 
sioners of  estimate  hereinafter  provided  for,  provided  ten 
days  shall  have  lapsed  from  the  time  of  making  such  offer, 
and  the  compensation  awarded  thereafter  in  said  proceed- 
ings by  the  commissioners  of  estimate  to  such  person  or 
owner  making  such  offer  exceeds  the  price  specified  in  such 
offer  such  owner  making  such  offer  shall  be  entitled  to  his 
taxable  costs  and  disbursements  as  in  an  action  and  in  the 
discretion  of  the  supreme  court  upon  application  made  at  a 


610 


LAWS  OF  NEW  YORK. 


special  term  thereof  to  an  additional  allowance  of  a  sum  of 
money  not  exceeding  five  per  centum  upon  the  amount  of 
such  offer,  but  in  no  event  more  than  two  thousand  dollars. 

Appointment  and  duties  of  commissioners  of  estimate. 

§  1437.  After  the  said  maps^  plans  or  surveys  shall  have 
been  filed,  and  after  the  acquisition  of  the  lands  and  interest 
therein  shall  have  been  authorized  by  the  board  ot  estimate 
and  apportionment,  as  hereinbefore  provided,  the  corpora- 
tion counsel,  for  and  on  behalf  of  The  City  of  New  York, 
shall  cause  notice  to  be  published  in  the  City  Record  of  his 
intention  to  make  application  to  the  supreme  court  for  the 
appointment  of  commissioners  of  estimate  and  appraisal, 
which  notice  shall  specify  the  time  and  place  of  such  appli- 
cation, and  shall  briefly  state  the  object  of  the  application, 
and  shall  describe,  generally,-  the  lands  intended  to  be  taken. 
Said  notice  shall  be  published  in  ten  successive  issues  of  said 
City  Record,  and  thereafter,  upon  the  completion  of  such 
publication,  said  corporation  counsel  shall  present  to  the 
court  a  petition,  signed  and  verified  by  the  mayor  of  said 
city,  setting  forth  the  action  taken  by  the  department,  board 
or  officer,  with  reference  thereto,  and  the  authorization  of 
the  proceedings,  by  a  majority  vote  of  all  members  of  the 
board  of  estimate  and  apportionment,  the  filing  of  said  map, 
plan  or  survey,  and  of  a  notice  of  the  pendency  of  the  pro- 
ceeding, and  praying  for  the  appointment  of  such  commis- 
sioners of  estimate  and  appraisal.  At  the  time  and  place 
mentioned  in  said  notice,  unless  the  said  court  shall  adjourn 
the  said  application  to  a  subsequent  day,  and  in  that  event, 
at  the  time  and  place  to  which  the  same  may  be  adjourned, 
the  court,  upon  due  proof  to  its  satisfaction,  of  the  publica- 
tion of  such  notice,  and  upon  filing  the  said  petition,  shall 
name  three  discreet  and  disinterested  persons,  being  citizens 
of  the  United  States,  all  of  whom  shall  be  residents  of  the 
borough  where  the  property  to  be  taken  is  located,  as  com- 
missioners of  estimate  and  appraisal  for  the  purpose  of  per- 
forming the  duties  hereinafter  mentioned.  In  such  order 
the  court  shall  fix  the  time  and  place  for  a  hearing  as  to  the 
qualifications  of  the  persons  named  as  commissioners.  Ten 
days  notice  of  the  naming  or  appointment  of  the  commis- 
sioners shall  be  given  by  the  corporation  counsel,  by  mail  or 
otherwise,  to  such  parties,  or  their  attorneys,  as  may  have 
filed  a  notice  of  claim  or  of  appearance  in  the  proceeding,  and 
such  notice  shall  be  published  in  ten  successive  issues  of  the 


CHAKTER  OF  NEW  YORK  CITY.  Gil 

City  Record.  Said  notice  shall  specify  the  time  and  place 
when  parties  may  be  heard  at  a  special  term  of  the  supreme 
court,  as  to  the  qualifications  of  the  persons  named  as  com- 
missioners of  estimate  and  appraisal.  The  persons  named  as 
commissioners  shall  attend  at  the  time  and  place  appointed, 
and  may  be  examined  under  oath,  as  to  their  qualifications 
to  act.  They  shall  be  subject  to  the  right  of  challenge  by 
any  person  having  an  interest  in  said  proceedings,  upon  any 
ground  which  would  disqualify  a  judge  or  juror,  and  such 
challenge  must  be  tried  and  determined  by  the  court,  and 
the  determination  of  the  court  may  be  excepted  to  and  re- 
viewed in  the  manner  now  prescribed  by  law  in  respect  to 
the  challenge  of  jurors.  Should  the  court  sustain  the  chal- 
lenge to  any  commissioner,  another  person  must  be  named 
or  appointed  in  his  stead.  The  person  or  persons  thus  sub- 
stituted shall  be  subject  to  challenge  in  the  same  way,  as 
above  provided  for,  to  be  heard  and  determined  by  the  court, 
at  such  time  and  place  as  the  court  may  direct. 

§  1437a.  The  persons  finally  appointed  commissioners  of 
estimate  and  appraisal,  after  the  trial  and  determination  of 
any  challenge,  as  hereinbefore  provided,  shall  severally  take 
and  subscribe  an  oath  or  affirmation  as  prescribed  by  the 
thirteenth  article  of  the  constitution  of  this  state,  and  shall 
forthwith  file  the  same  in  the  office  of  the  clerk  of  the 
supreme  court  in  the  judicial  district  in  which  said  lands  are 
situated,  and  thereupon  it  shall  be  the  duty  of  the  said  com- 
missioners of  estimate  and  appraisal,  after  having  viewed  the 
said  lands,  tenements,  hereditaments  and  premises  required 
for  public  uses  and  purposes,  as  above  set  forth,  to  make  a 
just  and  equitable  estimate  of  the  loss  and  damage  to  the 
respective  owners,  lessees,  parties  or  persons  respectively  en- 
titled to  or  interested  in  the  said  lands,  tenements,  heredita- 
ments and  premises.  But  no  meeting  of  such  commissioners 
shall  be  held  at  the  office  of  the  corporation  counsel,  or 
at  the  office  of  any  party  interested  in  the  proceeding, 
or  in  the  office  of  the  attorney  of  any  such  party  inter- 
ested. 

Reports  of  commissioners  of  estimate;  presentation  thereof  to  the 
court;  when  title  to  vest  in  city. 

§  1438.  The  said  commissioners  of  estimate  and  appraisal 
shall  make  report  of  their  proceedings  to  the  supreme  court, 
with  the  minutes  of  the  testimony  taken  by  them,  and  with 


612 


LAWS  OF  NEW  YORK. 


the  minutes  of  the  proceedings,  if  any^  relating  to  the  chal- 
lenge of  any  commissioner,  within  six  months  from  the  date 
of  the  filing  of  their  oath,  as  hereinbefore  provided,  under 
penalty  of  forfeiting  all  fees  to  which  they  would  be  entitled, 
unless  an  extension  of  time  be  given  to  them  by  the  supreme 
court,  which  extension  shall  only  be  granted  in  the  discre- 
tion of  the  court,  upon  a  written  petition  containing  a  full 
statement  by  such  commissioners,  of  the  reasons  necessary 
for  such  an  extension,  and  upon  notice  to  the  corporation 
counsel,  and  to  the  parties,  or  their  attorneys  who  have 
appeared  in  said  proceeding.  Upon  such  application  the 
court  shall  have  power  to  make  such  order  in  the  premises  in 
respect  to  the  time  and  manner  of  completing  the  report  of 
such  commissioners,  and  in  respect  to  the  taking  and  submis- 
sion of  the  proofs  of  the  parties  interested,  and  the  number 
and  length  of  the  hearings  to  be  held  in  each  week  as  will 
enable  or  require  the  commissioners  to  complete  said  pro- 
ceedings on  their  part  with  reasonable  despatch,  and  if  it 
shall  appear  that  the  said  proceeding  has  been  delayed,  by 
reason  of  the  inattention^  neglect  or  refusal  of  said  commis- 
sioners or  any  of  them,  to  act  or  attend,  the  court  may  re- 
move the  commissioner  or  commissioners  so  neglecting  or 
refusing,  and  appoint  a  suitable  person  or  persons  in  his  or 
their  place.  Said  report  shall  contain  a  brief  description  of 
the  several  parcels  of  real  estate  taken,  with  a  reference  to 
the  map,  plan  or  survey,  showing  the  exact  location  and 
boundaries  of  each  parcel,  a  statement  of  the  sum  estimated 
and  determined  upon  by  them  as  a  just  and  equitable  com- 
pensation to  be  made  by  the  city,  to  the  owners  or  persons 
entitled  or  interested  in  each  parcel  so  taken,  and  a  state- 
ment of  the  respective  owners  or  persons  entitled  thereto  or 
interested  therein.  But  in  all  and  each  and  every  case  or 
cases,  where  the  parties  interested,  or  their  respective  estates 
or  interests,  are  unknown  or  not  fully  known  to  the  com- 
missioners of  appraisal  it  shall  be  sufficient  for  them  to  set 
forth  and  state,  in  general  terms,  the  respective  sums  to  be 
allowed  and  paid  to  the  owners  of  and  parties  interested 
therein,  generally,  without  specifying  the  names  or  estates 
or  interests  of  such  owners  or  parties  interested,  or  any  or 
either  of  them.  After  the  commissioners  shall  have  offered 
the  parties  interested  an  opportunity  to  file  and  make  objec- 
tions as  provided  for  in  section  fourteen  hundred  nnd  forty, 
then  the  said  report,  signed  by  said  commissioners  or  a  ma- 
jority of  them,  shall  be  filed  in  the  office  of  the  department. 


CHARTER  OF  NEW  YORK  CITY. 


613 


board  or  officer,  initiating  the  proceeding,  and  a  duplicate  of 
said  report  shall  be  filed  in  the  office  of  the  clerk  of  the 
county  where  the  lands  are  situated,  and  thereupon  the 
corporation  counsel,  or  in  case  of  his  neglect  to  do 
so  within  ten  days  after  such  filing,  then  any  person 
interested  in  the  proceeding  shall  give  notice  that  the 
said  report  will  be  presented  for  confirmation  to  the  supreme 
court,  at  a  special  term  thereof,  to  be  held  in  the  city  of  New 
York,  at  a  time  and  place  to  be  specified  in  said  notice.  The 
said  notice  shall  contain  a  statement  of  the  time  and  place 
of  the  fifing  of  the  report,  and  shall  be  published  in  ten  suc- 
cessive issues  of  the  City  Record,  immediately  prior  to  the 
presentation  of  said  report  for  confirmation,  and  a  copy  of 
said  notice  shall  be  served,  by  mail  or  otherwise,  upon  the 
attorney  of  each  party  who  may  have  appeared  in  said  pro- 
ceeding, at  least  five  days  prior  to  the  presentation  of  said 
report  for  confirmation. 

§  1438a.  Upon  the  hearing  of  the  appHcation  for  the  con- 
firmation of  the  said  report,  signed  by  the  said  com- 
missioners, or  a  majority  of  them,  the  said  supreme 
court  at  a  special  term  thereof  held  in  and  for  the  judicial 
district  as  aforesaid,  shall,  by  order,  after  hearing  any  mat- 
ter which  may  be  alleged  against  the  same,  eitner  confirm 
said  report  in  whole  or  in  part  or  refer  the  same  back  to  the 
same  commissioners  for  revisal  and  correction,  or  to  new 
commissioners,  to  be  appointed  by  the  said  court,  to  recon- 
sider the  subject-matter  thereof,  and  the  said  commissioners 
to  whom  the  said  report  shall  be  so  referred  shall  return  the 
said  report,  corrected  and  revised,  or  a  new  report,  to  be 
made  by  them,  as  aforesaid,  in  the  premises,  to  the  said 
court,  without  unnecessary  delay,  and  the  same  on  being  so 
returned  shall  be  confirmed  or  again  referred  by  the  said 
court,  as  justice  shall  require,  and  such  report  when  con- 
firmed by  said  court,  in  whole  or  in  part,  shall  be  final  and 
conclusive,  as  well  upon  the  said  city  and  the  said  depart- 
ment or  board  as  upon  the  owners,  lessees,  persons  and  par- 
ties interested  in  and  entitled  to  the  lands,  tenements,  here- 
ditaments and  premises  mentioned  in  said  report,  and  also 
upon  all  other  persons  whomsoever.  And  on  the  final  con- 
firmation of  said  report,  the  said  City  of  New  York,  except 
as  hereinafter  provided,  shall  become  and  be  seized,  in  fee 
simple  absolute,  of  the  lands  included  in  said  report,  the 
same  to  be  converted,  appropriated  and  used  to  and  for  the 
purposes  for  which  the  same  shall  be  acquired  accordingly. 


G14 


LAWS  OF  NEW  YORK. 


And  thereupon  the  said  city,  acting  by  and  through  the  de- 
partment or  board  instituting  and  having  charge  of  said  pro- 
ceeding, shall  immediately  take  possession  of  the  same,  with- 
out any  suit  or  proceedings  at  law  for  that  purpose,  and  all 
leases  and  other  contracts  in  regard  to  the  said  lands  so 
taken,  or  any  part  thereof,  and  all  covenants,  contracts  or 
engagements  between  landlords  and  tenants,  or  any  other  con- 
tracting parties,  shall,  upon  the  confirmation  of  such  reports 
respectively,  cease  and  determine  and  be  absolutely  dis- 
charged according  to  law. 

§  1438b.  It  shall  be  the  duty  of  the  corporation  counsel, 
within  ten  days  after  the  entry  of  the  order  confirming  the 
report  of  the  commissioners,  in  a  proceeding  authorized  by 
this  chapter  to  file  a  copy  of  such  order  or  report  in  the 
office  of  the  register  or  county  clerk  of  the  count}'^  in  which 
the  land  to  be  acquired  is  located.  There  shall  be  endorsed 
upon  such  copy  order  or  report  a  reference  to  the  section 
and  block  or  the  sections  and  blocks  on  the  land  map  of  such 
county  which  include  the  land  to  be  taken  by  such  proceed- 
ing. The  register  or  county  clerk  with  whom  such  copy 
order  or  report  shall  be  filed  shall  index  in  the  index  of  con- 
veyances on  each  block  so  endorsed  on  the  said  copy  order 
or  report,  a  statement  giving  the  title  of  said  proceeding  and 
the  date  of  the  entry  of  said  order  confirming  said  report. 

When  title  may  be  vested  by  resolution. 

§  1439.  Should  the  board  of  estimate  and  apportionment 
by  a  resolution  adopted  by  a  three-fourths  vote 
deem  it  for  the  public  interest  that  the  title  to  the 
lands  and  premises,  or  any  interest  therein,,  required  for  any 
public  improvement  or  for  any  public  purpose  and  acquired 
hereunder,  should  be  acquired  by  The  City  of  New  York  at  a 
fixed  or  specified  time,  the  said  board  of  estimate  and  appor- 
tionment may  direct,  by  resolution  passed  before  or  after  the 
application  to  the  court  for  the  appointment  of  commissioners 
of  estimate,  made  under  section  fourteen  hundred  and  thirty- 
seven  of  this  act,  that  at  a  date  specified  in  such  resolution 
after  the  filing  of  the  oaths  of  said  commissioners, 
the  title  to  any  piece  or  parcel  of  land,  or  to  any  interest 
therein,  to  be  taken  or  acquired  in  the  said  proceeding,  shall 
vest  in  The  City  of  New  York.  Provided,  however,  that 
where  there  are  buildings  upon  such  lands  such  date  of  vest- 
ing title  must  be  at  least  six  months  after  the  filing  of  the 
oath  of  the'  commissioners  if  the  resolution  for  vesting  title 


CHARTER  OF  NEW  YORK  CITY. 


0)15 


be  passed  before  the  appointment  of  commissioners,  and  if 
such  resokition  be  passed  after  the  appointment  of  commis- 
sioners the  date  of  vesting^  title  must  be  at  least  two  months 
after  the  passing  of  such  resolution.  At  the  date  so  fixed 
as  aforesaid  the  said  City  of  New  York  shall  be- 
come and  be  seized  in  fee  of  said  lands,  tenements 
and  hereditaments  and  all  interests  therein  in  said 
resolution  mentioned,  that  shall  or  may  be  acquired  as  afore- 
said, the  same  to  be  held  appropriated,  converted  and  used 
to  and  for  the  purposes  for  which  the  said  proceeding  is  in- 
stituted. In  such  cases  interest  at  the  legal  rate  upon  the 
sum  or  sums  to  which  the  owners,  lessees,  parties  or  persons 
interested  in  the  said  real  estate  or  interests  therein  are 
justly  entitled  upon  the  date  of  the  vesting  of  title  in  The 
City  of  New  York,  as  aforesaid,  from  said  date  to  the  date 
of  the  payment  of  the  award  made  to  such  owners,  lessees, 
parties  or  persons  in  interest  shall  be  paid  as  hereinafter  set 
forth.  And  upon  the  vesting  of  said  title,  the  said  city,  acting 
by  and  through  the  said  department,  board  or  ofificer  conduct- 
ing said  proceeding,  shall  immediately  take  possession  of 
the  lands  included  in  the  same  and  the  interests  thereby  af- 
fected, without  any  suit  or  proceeding  at  law  for  that  pur- 
pose. And  all  leases  and  other  contracts  in  regard  to  said 
lands  so  taken,  or  any  part  thereof,  and  all  covenants,  con- 
tracts or  engagements  between  landlords  and  tenants  or  any 
other  contracting  parties  shall,  upon  the  vesting  of  said  title, 
respectively  cease  and  determine  and  be  discharged  accord- 
ing to  law. 

Notice  of  deposit  and  presentation  of  report;  payment  of  awards 
with  interest. 

§  1440.  The  said  commissioners  of  estimate,  before 
they  present  their  report  to  the  supreme  court,  shall 
deposit  a  true  report  or  transcript  of  such  estimate 
in  the  office  of  the  department,  board  or  officer  con- 
ducting such  proceeding,  for  the  inspection  of  whom- 
soever it  may  concern,  and  shall  give  daily  notice  by  adver- 
tisement in  the  City  Record  and  the  corporation  newspapers, 
and  also,  at  the  option  of  the  corporation  counsel,  in  other 
newspapers,  not  exceeding  three  in  number,  published  in 
said  City  of  New  York,  for  ten  days,  Sundays  and  holidays 
excluded,  after  depositing  such  report,  of  the  said  deposit 
thereof  in  said  office,  and  any  person  or  persons 
whose  rights   may  be   afifected  thereby,   and   who  may 


616 


LAWS  OF  NEW  YORK. 


object  to  the  same,  or  any  part  thereof,  may,  within  ten  days 
after  the  first  pubHcation  of  such  notice,  set  forth  their  ob- 
jections to  the  same  in  writing  to  the  said  commissioners, 
who  shall,  after  hearing  the  parties  so  objecting,  thereupon 
reconsider  their  said  estimate  and  assessment,  or  the  part  or 
parts  thereof  so  objected  to,  and  in  case  the  same  shall  ap- 
pear to  them  to  require  correction,  but  not  otherwise,  they 
shall  and  may  correct  the  same  accordingly.  The  City  of 
New  York  shall,  within  two  calendar  months  after  the  con- 
firmation of  the  said  report,  pay  to  the  parties  entitled 
thereto  the  respective  sum  or  sums  so  estimated  and  re- 
ported in  their  favor,  respectively,  with  lawful  interest  from 
the  date  of  the  report  of  said  commissioners,  or  if 
title  to  said  lands  shall  have  vested  in  the  city 
under  section  fourteen  hundred  and  thirty-nine  of  this 
act,  from  the  date  of  said  vesting;  and  in  default  thereof  said 
persons  or  parties,  respectively,  his,  her,  or  their  respective 
heirs,  executors,  administrators,  successors  or  assigns,  may, 
at  any  time  or  times  after  application  first  made,  by  him,  her, 
or  them  to  the  comptroller  of  The  City  of  New  York  for 
payment  thereof,  sue  for  and  recover  the  same  with  lawful 
interest,  as  aforesaid,  and  the  costs  of  suit.  Upon 
any  application  to  said  comptroller  the  applicant  may 
state  that  any  outstanding  taxes,  assessments  or  other 
liens  may  be  deducted  from  the  amount  otherwise  payable  to 
him  or  her,  and  in  that  event  the  fact  that  there  are  outstand- 
ing taxes,  assessments  or  other  liens  shall  not  impair  or  in- 
validate such  application  nor  operate  as  a  bar  to  the  collec- 
tion of  interest  upon  the  amount  awarded  less  the  amount  of 
such  outstanding  taxes,  assessments  or  other  liens. 

Owners  unknown,  infants,  or  of  unsound  mind. 

§  1441.  Whenever  the  owners  and  proprietors  of  any 
lands,  tenements,  hereditaments  and  premises  to  be  taken 
for  any  of  the  purposes  aforesaid,  or  the  party  or  parties, 
person  or  persons  interested  therein,  or  any  or  either  of 
them,  the  said  owners,  proprietors,  parties  or  persons,  in 
whose  favor  any  such  sum  or  sums  or  compensation  shall  be 
so  reported,  shall  be  under  the  age  of  twenty-one  years,  non 
compos  mentis,  or  absent  from  The  City  of  New  York ;  and 
also  in  all  cases  where  the  name  , or  names  of  the  owner  or 
owners,  parties  or  persons  entitled  unto  or  interested  in  any 
lands,  tenements,  hereditaments  or  premises  that  may  be  so 
taken  for  any  of  the  purposes  aforesaid,  shall  not  be  set  forth 


CHARTER  OF  NEW  YORK  CITY. 


617 


or  mentioned  in  said  report;  or  when  the  said  owners,  par- 
ties or  persons  respectively,  being  named  therein,  can  not, 
upon  diligent  inquiry,  be  found,  it  shall  be  the  duty  of  the  said 
City  of  New  York  to  pay  the  sum  or  sums  mentioned  in  the 
report  as  payable,  or  that  would  be  coming  to  such  owners, 
proprietors,  parties  and  persons  respectively,  into  the  su- 
preme court,  to  be  secured,  disposed  of,  invested  and  paid 
out,  as  the  appellate  division  of  the  supreme  court,  in  said 
judicial  district,  shall  direct;  and  such  payment  shall  be  as 
valid  and  effectual  in  all  respects  as  if  made  to  the  said 
owners,  proprietors,  parties  and  persons  respectively,  them- 
selves, according  to  their  just  rights,  if  they  had  been  known, 
and  had  all  been  present,  of  full  age,  compos  mentis;  and 
in  default  of  such  payment  by  The  City  of  New  York  it  shall 
be  and  remain  liable  for  the  amount  due  to  such  owners,  pro- 
prietors, parties  and  persons,  with  lawful  interest  thereon, 
from  the  day  upon  which  the  title  vested  in  said  city;  and 
provided,  also,  that  in  all  and  each  and  every  case  or  cases, 
where  any  such  sum  or  sums  or  compensation,  so  to  be  re- 
ported by  said  commissioners  in  favor  of  any  person  or  per- 
sons, party  or  parties  whatsoever,  whether  named  or  not 
named  in  said  report,  shall  be  paid  to  any  person  or  persons, 
party  or  parties  whatsoever,  when  the  same  shall  of  right 
belong  to  and  ought  to  have  been  paid  to  some  other  per- 
son or  persons,  party  or  parties,  it  shall  be  lawful  for  the  per- 
son or  persons,  party  or  parties  to  whom  the  said  sum  or 
sums  ought  to  have  been  paid,  to  sue  for  and  recover  the 
same,  with  lawful  interest  and  costs  of  suit,  as  so  much 
money  had  and  received  to  his,  her  or  their  use,  by  the  per- 
son or  persons,  party  or  parties,  respectively,  to  whom  the 
same  shall  have  been  so  paid.  Payment  of  the  compensa- 
tion awarded  by  said  commissioners  of  estimate  to  the  per- 
sons named  in  their  report  (if  not  infants  or  persons  of  un- 
sound mind)  shall,  in  the  absence  of  notice  to  the  comptroller 
of  The  City  of  New  York  of  adverse  claims  thereto,  protect 
said  city.  The  said  commissioners  of  estimate  shall  include 
and  set  forth  in  their  report  the  names  of  the  respective 
owners,  lessees,  parties  and  persons  entitled  unto  or  inter- 
ested in  said  report,  and  each  and  every  part  and  parcel 
thereof,  as  far  as  the  same  shall  be  ascertained  by  them,  and 
add  a  designation  and  description  of  such  respective  lands 
and  parcels  of  land  aforesaid,  and  also  the  several  respective 
sums  estimated  as  and  for  the  compensation  and  recompense 
or  allowance  to  be  made  for  the  loss  and  damage  of  the  re- 


618 


LAWS  OF  NEW  YORK. 


spective  owners  of  the  fee  or  inheritance  of  such  lands,  tene- 
ments, hereditaments  and  premises  respectively,  and  for  the 
loss  and  damage  of  the  respective  owners  of  the  leasehold 
estate,  or  their  interest  therein,  separately.  And  the  said 
commissioners  shall  also  include  in  said  report  the  amount 
of  their  fees  and  all  costs  and  disbursements  for  expenses  of 
surveys,  maps  and  other  things. 

Appeal. 

§  1442.  Within  twenty  days  after  notice  of  the  confirma- 
tion of  the  report  of  the  commissioners  as  provided  for  in 
section  fourteen  hundred  and  thirty-eight-a  of  this  act,  any 
party  interested  and  deeming  himself  or  themselves  ag- 
grieved may  appeal  by  notice  in  writing  to  the  other  party, 
to  the  appellate  division  of  the  supreme  court  in  said  judicial 
district  from  the  appraisal  and  report  of  the  commissioners. 
Such  appeal  shall  be  heard  on  due  notice  thereof,  being 
given,  according  to  the  rules  and  practice  of  said  court.  On 
the  hearing  of  such  appeal,  the  court  may  direct  a  new  ap- 
praisal and  determination  of  any  question  passed  upon,  by 
the  same  or  new  commissioners,  in  its  discretion,  but  from 
any  determination  of  the  special  term,  an  appeal  may  be 
taken  upon  the  merits  to  the  said  appellate  division  of  said 
court,  and  from  any  determination  of  the  said  appellate  divis- 
ion any  party,  if  aggrieved,  may  take  an  appeal  to  the  court  of 
appeals,  but  only  as  to  a  question  affecting  the  principle 
of  the  assessment  of  damages  by  the  said  commissioners,  or 
a  question  relating  to  the  challenge  of  a  commissioner  or 
to  the  conduct  of  the  said  commissioners  or  any  of  them  in- 
dicating impropriety,  bias,  neglect  or  other  disqualification. 
An  appeal  may  be  taken  to  the  court  of  appeals 
as  provided  for  in  section  nine  hundred  and  eighty- 
nine  of  the  Greater  New  York  Charter.  In  the  case 
of  a  new  appraisal  the  second  report  shall  be  filed 
and  notice  thereof  given,  and  such  review,  upon  appeal  or 
otherwise,  be  had  as  in  the  case  of  an  original  report,  and 
so,  from  time  to  time,  until  a  report  shall  be  presented  which 
the  said  court  at  special  term  shall  finally  affirm,  and  shall  be 
affirmed  upon  appeal,  should  any  appeal  be  taken.  But  the 
taking  of  an  appeal  by  any  person  or  persons  shall  not 
operate  to  stay  the  proceedings  under  this  title  except  as  to 
the  particular  parcel  of  real  estate  with  which  the  said  appeal 
is  concerned.  Such  appeal  shall  be  heard  upon  the  evidence 
taken  before  such  commissioners  and  any  affidavits  as  to 
irregularities. 


CHARTER  OF  NEW  YORK  CITY. 


619 


Removal,  etc.,  of  commissioners  of  estimate. 

§  1443.  In  case  of  death,  resignation,  insanity,  disqualifi- 
cation, refusal  or  neglect  to  act,  or  removal  of  any  such  com- 
missioner of  estimate  appointed  as  in  this  chapter  provided, 
it  shall  and  may  be  lawful  for  the  court  aforesaid,  at  a  special 
term  thereof,  held  in  the  judicial  district  as  aforesaid,  on  the 
application  of  the  department  or  board  of  The  City  of  New 
York,  conducting  said  proceeding,  as  often  as  such  event 
may  happen,  to  appoint  a  discreet  and  disinterested  person, 
being  a  citizen  of  the  United  States  and  a  resident  of  the  bor- 
ough where  the  property  to  be  taken  is  located  in  the  place  and 
stead  of  such  commissioner  so  dying,  resigning  ,  becoming  in- 
sane or  disquaHfied,  refusing  or  neglecting  to  act,  or  removed, 
and  the  surviving  commissioners,  as  the  case  may  be,  shall 
have  full  power  to  proceed  in  the  execution  of  the  duties  of 
their  appointment  until  the  successor  of  the  commissioner  so 
dying,  becoming  insane,  resigning,  being  disqualified,  neglect- 
ing or  refusing  to  act,  or  removed,  shall  be  appointed.  Ten 
days'  notice  of  said  application  shall  be  given  to  all  parties  who 
have  appeared  in  the  proceeding.  Such  successor  appointed 
as  aforesaid  shall  possess  the  same  qualifications  and  be  sub- 
ject to  challenge  upon  the  same  grounds  and  in  the  same 
general  manner  as  hereinbefore  provided  for;  and  the  time 
and  place  for  such  challenge  shall  be  specified  in  the  order 
appointing  such  successor. 

Powers  of  commissioners  and  of  a  majority  thereof;  fees,  expenses. 

§  1444.  In  each  and  every  case  of  the  appointment  of  com- 
missioners under  this  act,  it  shall  be  competent  and  lawful 
for  any  two  of  such  commissioners,  so  appointed  as  afore-  ' 
said,  to  proceed  to  and  execute  and  perform  the  trusts  and 
duties  of  their  said  appointment,  and  their  acts  shall  be  as 
vaHd  and  effectual  as  the  acts  of  all  the  commissioners  if  they 
had  acted  together  would  have  been ;  and,  further,  in  all 
cases,  the  acts,  proceedings  and  decisions  of  a  major  part  of 
such  of  the  commissioners  as  shall  be  acting  in  the  premises, 
shall  be  as  valid,  binding  and  eft'ectual  as  if  the  said  commis- 
sioners named  and  appointed  for  such  purposes  had  all  con- 
curred and  joined  therein.  In  the  said  proceedings  any  of 
the  said  commissioners  of  estimate  may  issue  subpoenas  and 
administer  oaths  to  witnesses.  Each  commissioner  appointed 
under  and  by  virtue  of  this  chapter,  who  shall  enter  upon  the 
duties  of  his  appointment,  shall  be  entitled  to  receive  upon 
the    confirmation    of    the    report    or    other  determina- 


620 


LAWS  OF  NEW  YORK. 


tion  of  the  proceeding,  not  exceeding  ten  dollars  for  each 
day  upon  which  he  attends  a  meeting  of  said  commissioners 
and  is  actually  and  necessarily  employed  in  the  perform- 
ance of  the  duties  imposed  upon  them  by  this  act 
at  the  offices  provided  for  said  commissioners  or  at 
a  meeting  of  the  commissioners  to  view  the  premises, 
besides  all  reasonable  expenses,  to  be  taxed  and  allowed  by 
said  court  for  maps,  surveys,  clerk  hire  and  other  necessary 
expenses  and  disbursements,  and  the  same  shall  be  included 
in,  considered  and  paid  as  part  of  the  expenses  of  acquiring 
the  lands  or  interest  therein  for  the  acquirement  of  which 
the  said  proceeding  is  instituted. 

Amendments  of  defects. 

§  1445.  The  special  term  of  the  supreme  court  in  the  judi- 
cial district,  as  aforesaid,  shall  have  power  at  any  time  to 
amend  any  defect  or  informality  in  any  of  the  special  pro- 
ceedings authorized  by  this  chapter  that  may  be  necessary, 
or  to  permit  any  person  having  an  interest  therein  to  be 
made  a  party  thereto,  or  to  relieve  from  any  default,  mistake 
or  irregularity,  or  to  direct  such  further  notices  to  be  given 
to  any  party  in  interest  as  it  deems  proper.  And  the  said 
court  may,  at  any  time  remove  any  of  said  commissioners 
of  estimate  who,  in  its  judgment,  shall  be  incapable  of  serv- 
ing, or  who  shall,  for  any  reason  in  its  judgment,  be  an  unfit 
person  to  serve  as  commissioner.  The  cause  of  such  re- 
moval shall  be  specified  in  the  order  making  the  same.  If 
in  any  particular  it  shall  at  any  time  be  found  necessary  to 
amend  any  pleading,  proceeding,  or  to  supply  any  defect 
therein  arising  in  the  course  of  any  special  proceeding 
authorized  by  this  act,  the  same  may  be  amended  or  supplied 
in  such  a  manner  as  shall  be  directed  by  the  said  special  term 
of  the  supreme  court,  which  is  hereby  authorized  to  make 
such  amendment  or  correction. 

Corporation  counsel  to  appear  and  protect  interests  of  the  city. 
Comptroller  to  furnish  clerks  and  offices. 
§  1446.  The  corporation  counsel  shall,  either  in  person,  or 
by  such  counsel  as  he  shall  designate  for  the  purpose,  appear 
for  and  protect  the  interests  of  the  city  in  all  such  proceed- 
ings in  court  and  before  the  commissioners  of  estimate.  It 
shall  be  the  duty  of  the  comptroller  of  The  City  of  New  York 
to  furnish  the  commissioners  of  estimate  and  appraisal  who 
may  be  appointed  in  any  proceeding  provided  for  in  this  chap- 


CHARTER  OF  NEW  YORK  CITY. 


621 


ter  such  necessary  clerks  and  other  employes  and  to  provide 
such  suitable  offices  as  they  may  require  to  enable  them  to 
fully  and  satisfactorily  discharge  the  duties  imposed  upon 
them. 

Source  of  payment  of  awards  and  expenses. 

§  1447.  The  amounts  of  the  awards  made  in  a  proceeding 
brought  under  this  chapter  for  the  value  of  lands  and  inter- 
ests therein  taken  hereunder,  shall  be  paid  out  of  the  fund 
created  by  the  act,  ordinance  or  resolution  authorizing  the  ac- 
quirement of  the  said  lands  or  interests  therein,  and  the  money 
for  the  payment  thereof,  together  with  the  fees  of  the  commis- 
sioners of  estimate,  the  compensation  of  such  necessary  clerks 
or  assistants  as  they  may  employ,  and  all  other  necessary  ex- 
penses in  and  about  the  special  proceeding  instituted  under  this 
chapter,  including  the  fees  of  counsel  employed  by  the  corpo- 
ration counsel  in  the  proceeding,  and  all  other  reasonable 
expenses  incurred  by  said  corporation  counsel  in  the  conduct 
of  said  proceeding,  shall  be  also  paid  out  of  the  said  fund  so 
provided.  Such  fees  and  expenses  shall  not  be  paid  until 
they  have  been  taxed  at  a  special  term  of  the  supreme  court 
in  the  judicial  district  as  aforesaid,  upon  five  days'  notice  to 
the  corporation  counsel  of  The  City  of  New  York.  Upon 
such  taxation  due  proof  of  the  nature  and  extent  of  the  ser- 
vices rendered  and  disbursements  charged  shall  be  furnished 
and  no  unnecessary  costs  or  charges  shall  be  allowed.  All 
such  costs,  fees  and  expenses  or  disbursements  to  be  taxed, 
as  aforesaid,  shall  be  stated  in  detail  in  the  bill  of  costs  and 
charges  and  expenses,  and  shall  be  accompanied  by  such 
proof  of  the  reasonableness  and  necessity  thereof,  as  is  now 
required  by  law  and  the  practice  of  the  said  court  upon  taxa- 
tion of  costs  and  disbursements  in  other  special  proceedings 
or  actions  in  said  court.  The  said  proof  shall  be  made  by  a 
statement  duly  verified  in  which  shall  be  set  forth  in  addition 
to  other  matters  required  by  law  and  practice  the  respective 
dates  of  the  rendition  of  services,  and  in  the  case  of  commis- 
sioners, and  of  any  clerks  who  may  receive  a  per  diem  allow- 
ance, the  number  of  hours  or  the  time  necessarily  occupied 
upon  each  of  such  respective  dates.  And  no  such  claim  for 
compensation  shall  be  taxed,  allowed  or  paid  unless  it  be  ac- 
companied by  a  certificate  of  the  comptroller  of  the  city  of 
New  York  setting  forth  that  the  same  has  been  audited  and 
examined,  and  further  certifying  the  result  of  such  audit  and 
examination. 


622 


LAWS  OF  NEW  YORK. 


What  proceedings  excepted  from  provisions  of  this  chapter. 

§  1448.  The  provisions  of  this  chapter  shall  not  apply  to 
any  proceedings  for  the  purpose  of  opening  any  streets,  ave- 
nues or  public  places,  parks  or  parkways,  or  to  any  pro- 
ceedings for  the  improvement  of  or  in  connection  with  the 
water  supply  of  The  City  of  New  York,  or  for  the  acquisi- 
tion of  lands  for  sewers  or  drains  as  provided  in 
section  three  hundred  and  ninety-six  of  this  act,  or  for 
the  acquisition  of  wharf  property  for  the  improvement  of  the 
water-front  of  said  city,  or  to  any  proceedings,  of  any  nature, 
instituted  prior  to  the  time  of  the  taking  effect  of  this  act,  and 
such  proceeding  shall  be  conducted  in  all  respects  as  if  this  act 
had  not  been  passed. 

CHAPTER  XXII.  - 

Stages  and  omnibuses;  consents  of  property  owners  necessary  before 
franchise  granted. 

Section  1458.  No  stage  or  omnibus  . route,  or  authority  to 
run  stages  or  omnibuses  in  The  City  of  New  York,  shall  here- 
after be  granted  by  the  board  of  aldermen,  unless  a  majority 
of  the  owners  of  property  upon  the  streets,  in  or  upon  which 
any  such  route  or  privilege  is  to  be  operated,  shall  before  the 
board  of  aldermen  act  on  the  subject^  first  consent  in  writing 
thereto. 

Application  to  mayor,  etc.;  before  route  established. 

§  1459.  Before  any  route  for  the  running  of  omnibuses  or 
stages  shall  be  established  or  allowed  to  be  operated  in  said 
city,  except  as  provided  in  this  act,  the  application  therefor 
shall  be  made  in  writing  to  the  mayor  of  said  city,  specifying 
the  route  proposed  to  be  established  and  the  number  of  stages 
or  omnibuses  proposed  to  be  run  thereon;  and  unless  the  said 
mayor  shall  communicate  such  application  to  the  board  of 
aldermen  with  his  approval  thereof,  and  said  board  of 
aldermen  after  receiving  such  communication  and  approval 
shall  vote  in  favor  thereof  by  a  three-fourths  vote  of  all  the 
members,  no  such  route  shall  be  established  or  operated;  and 
upon  such  favorable  action  such  route  may  be  established 
and  operated  accordingly  and  the  ownership  thereof  may  be 
transferred. 

Stage  route  to  be  disposed  of  like  other  franchises. 

§  1460.  Any  stage  route  or  privilege  hereafter  granted  by 
the  board  of  aldermen  shall  be  disposed  of  in  the  manner  pro- 
vided by  law  for  the  disposition  of  the  franchises  of  said  city. 


OHAKTER  OF  NEW  YORK  CITY. 


623 


Not  to  be  run  except  in  conformity  with  preceding  sections  or  as 
hereinafter  provided. 

§  1461.  It  shall  not  be  lawful  to  run  stages  or  omnibuses 
in  The  City  of  New  York,  as  constituted  by  this  act,  except 
in  conformity  with  the  preceding  sections,  and  no  stage  route 
shall  after  April  first,  nineteen  hundred  and  one,  be  estab- 
Hshed  or  operated  upon  that  portion  of  any  street,  avenue, 
road  or  highway  in  which  a  street  surface  railway  or  stage 
route  is  or  shall  be  lawfully  established,  and  in  operation  for  a 
distance  greater  than  one  thousand  feet,  without  first  obtain- 
ing the  consent  of  the  corporation  owning  such  railway  or 
stage  route,  but  nothing  in  this  act  shall  be  construed  to 
affect  the  right  possessed  by  any  company  to  operate  stage 
routes  or  extensions  then  established  and  in  lawful  operation, 
nor  to  affect  any  authority  conferred  upon  any  such  company 
to  acquire  rights  and  privileges  under  chapter  six  hundred 
and  fifty-seven  of  the  laws  of  nineteen  hundred,  nor  to  affect 
any  acts  heretofore  done  thereunder. 

CHAPTER  XXIII. 

General  Statutes. 

Title  I.  Commercial  paper  during  epidemic. 
Title  2.  Board  of  city  record. 
Title  3.  General  provisions. 
Title  4.  Coroners. 

TITLE  I. 

Commercial  Paper  During  Epidemic, 

Persons,  etc.,  in  infected  district  may  have  names,  etc.,  registered 
by  city  clerk. 

§  1499.  Whenever  the  board  of  health  shall,  by  public  no- 
tice, designate  any  portion  or  district  of  The  City  of  New 
York  as  being  the  seat  of  any  infectious  or  contagious 
disease,  and  declare  communication  with  such  portion  or 
district  dangerous,  or  shall  prohibit  such  communication,  it 
shall  be  the  duty  of  the  city  clerk  during  the  continuance  of 
such  disease  in  such  district,  to  provide  and  keep  in  his  office 
a  book  for  the  purpose  of  registering,  in  alphabetical  order, 
the  names,  firms,  and  places  of  business  of  any  inhabitant  of 
the  city  who  shall  desire  such  registry  to  be  made. 


624 


LAWS  OF  NEW  YORK. 


Id.;  must  register  place  at  which  commercial  paper  to  be  presented. 

§  1500.  It  shall  be  the  duty  of  all  persons  and  firms  usually 
resident  or  doing  business  within  such  infected  district  to 
register,  in  the  book  so  provided  by  the  said  city  clerk,  their 
names  or  firms,  with  the  place  or  places  out  of  such  infected 
district,  but  within  The  City  of  New  York  to  which  they 
may  have  removed  the  transaction  of  their  business,  or  to 
which  they  may  desire  any  notices  to  be  sent  or  served,  or 
any  notes,  dr'afts,  or  bills  to  be  presented  for  acceptance  or 
for  payment.  The  sum  of  twenty-five  cents  may  be  claimed 
and  received  by  the  said  clerk  for  every  such  registry;  but 
the  book  in  which  the  same  shall  be  entered  shall  be,  at  all 
times  during  office  hours,  open  to  public  examination,  free 
of  all  charges. 

Commercial  paper  may  be  presented  at  place  designated. 

§  1 501.  During  the  continuance  of  any  such  disease  in 
such  infected  district,  all  drafts,  notes,  and  bills,  which  by  law 
are  required  to  be  presented  for  acceptance  or  for  payment, 
may  be  presented  for  such  purpose  at  the  place  so  designated 
in  such  registry,  and  all  notices  of  nonacceptance  and  non- 
payment of  any  note,  draft  or  bill,  or  of  protest,  for  such 
nonacceptance  or  nonpayment,  may  be  served  by  leaving  the 
same  at  the  place  so  designated. 

On  failure  to  register,  commercial  paper  may  be  presented  to  city 
clerk. 

§  1502.  In  case  any  person  or  firm  usually  resident  or  do- 
ing business  within  such  infected  district  shall  neglect  to 
make  and  cause  to  be  entered  in  the  book  so  provided,  the 
registry  herein  required,  all  notes,  drafts,  or  bills  which  by 
law  are  required  to  be  presented  to  such  person  or  firm  for 
acceptance  or  for  payment,  may  be  presented  to  the  said  city 
clerk  during  the  continuance  of  such  disease,  at  any  time  dur- 
ing office  hours,  and  demand  of  acceptance  or  payment 
thereof  may  be  made  of  the  said  clerk,  to  the  same  purpose 
and  with  the  same  effect  as  if  the  same  had  been  presented, 
and  acceptance  or  payment  demanded  of  such  person  or  firm 
at  their  usual  place  of  doing  business. 

On  failure  to  register,  notice  of  protest,  etc.,  may  be  served  by  leaving 
at  post=office. 

§  1503.  In  case  of  the  omission  to  make  the  registry  here- 
in required,  all  notices  of  the  nonacceptance  or  nonpayment 
of  any  note,  draft,  or  bill,  or  of  protest  for  such  nonacceptance 


CHARTER  OF  NEW  YORK  CITY. 


625 


or  nonpayment,  may  be  served  on  any  person  or  firm  usually 
resident  or  doing  business  within  such  infected  district,  by 
leaving  the  same  at  one  of  the  post-offices  for  the  said  city, 
which  service  shall  be  as  valid  and  effectual  as  if  the  notices 
had  been  served  personally  on  such  person  or  one  of  such 
firm  at  his  or  their  usual  place  of  doing  business. 

When  epidemic  deemed  to  have  subsided. 

§  1504.  Whenever  proclamation  shall  be  made  by  the 
board  of  health  or  other  proper  authority  of  the  city,  that  an 
infectious  or  contagious  disease  in  any  such  infected  district 
has  subsided,  it  shall  be  deemed  to  have  subsided,  for  all  pur- 
poses contemplated  in  this  title. 

TITLE  2. 

A  Board  of  City  Record. 

City  record,  board  of;  publication  and  contents;  newspapers  to  be 
designated  in  which  corporate  notices  to  be  advertised. 

§  1526.  There  shall  be  published  daily,  Sundays  and  legal 
holidays  excepted,  under  a  contract  to  be  made  as  herein- 
after provided,  a  paper  to  be  known  as  the  City  Record.  And 
said  City  Record,  and  the  newspapers  now  by  law  designated 
as  corporation  newspapers  in  the  present  city  of  Brooklyn, 
and  those  that  shall  be  designated  as  hereinafter  provided  in 
the  boroughs  of  The  Bronx,  Queens  and  Richmond,  shall 
be  the  only  papers  to  be  included  within  the  term  corpora- 
tion newspapers  as  the  same  is  used  anywhere  in  this  act; 
but  no  notice  or  advertisement  shall  be  inserted  in  any  of 
said  newspapers  now  by  law  designated  as  corpora- 
tion newspapers  in  said  city  of  Brooklyn,  nor 
in  such  as  shall  be  designated  as  hereinafter  pro- 
vided, in  the  boroughs  of  The  Bronx,  Queens 
and  Richmond,  except  such  as  respect  matters  exclu- 
sively occurring  within  or  relating  to  the  borough 
in  which  any  such  newspaper  is  published;  and  the 
aggregate  amount  to  be  paid  to  said  newspapers  now 
designated  by  law  as  corporation  newspapers,  in  said  city  of 
Brooklyn,  or  hereafter  designated,  as  hereinafter  provided, 
in  each  of  said  boroughs  of  Queens,  Richmond  and  Bronx, 
for  the  publication  of  all  advertisements  provided  for  by  this 
act,  in  each  of  said  boroughs  respectively,  shall  never  exceed 
in  any  year,  the  sum  now  agreed  to  be  paid  annually  by  said 
city  of  Brooklyn  to  said  newspapers  now  by  law  designated 


620 


LAWS  OF  NEW  YOKK. 


as  corporation  newspapers  in  said  city  of  Brooklyn.  In  addi- 
tion to  said  City  Record  and  said  newspapers  now 
designated  by  law  in  said  city  of  Brooklyn,  there  shall  be  four 
corporation  papers  in  the  borough  of  Queens  and  two  cor- 
poration papers  in  each  of  the  boroughs  of  The  Bronx  and 
Richmond.  It  shall  be  the  duty  of  the  mayor  of  The  City 
of  New  York,  as  soon  as  this  act  shall  take  effect,  to  desig- 
nate four  publications  in  the  borough  of  Queens  and  two 
publications  in  each  of  the  said  boroughs  of  The  Bronx  and 
Richmond,  to  be  known  as  such  corporation  papers  for  the 
term  of  four  years  from  the  date  of  s-uch  designation  and, 
respectively,  until  their  successors  are  designated;  two  of  said 
publications  in  the  borough  of  Queens  and  one  of  said  pub- 
lications in  each  of  said  boroughs  of  The"  Bronx  and  Rich- 
mond, so  to  be  designated  by  the  mayor  of  The  City  of  New 
York,  shall  be  selected  by  the  chairman  of  the  borough  com- 
mittee, if  there  be  such  a  committee,  otherwise,  by  the  chair- 
man of  the  county  committee  of  the  county  in  which  the 
borough  is  located,  of  the  party  casting  at  the  last  preceding 
general  election  the  greatest  number  of  votes  within  the  state 
for  the  head  of  the  state  ticket,  and  two,  within  said  borough 
of  Queens  and  one,  within  each  of  the  said  boroughs  of  The 
Bronx  and  Richmond,  shall  be  selected  by  the  chairman  of  the 
borough  committee,  if  there  shall  be  such  a  committee,,  other- 
wise, by  the  chairman  of  the  county  committee  of  the  county 
within  which  the  borough  is  located,  of  the  party  casting  at 
the  last  preceding  general  election,  the  next  greatest  number - 
of  votes  within  the  state  for  the  head  of  the  state  ticket;  and 
the  mayor  of  The  City  of  New  York  must  make  such  designa- 
tions as  shall  be  so  selected  and  presented  to  him  by  said 
chairman,  respectively,  and  every  notice  and  advertisement 
relating  exclusively  to  a  particular  borough,  shall  be  published 
in  the  newspapers  so  selected  and  published  within  such  bor- 
ough. Such  publications  so  designated  shall  be  printed  and 
published  in  daily  form  and  shall  have  been  published  for  at 
least  sixty  days  prior  to  this  act  becoming  a  law,  in  a  daily 
form  within  the  borough  of  Queens  and  in  either  a  weekly, 
semi-weekly  or  daily  form,  within  the  said  boroughs  of  The 
Bronx  and  Richmond.  The  mayor,  corporation  counsel  and 
comptroller  shall  constitute  the  board  of  City  Record.  Said 
board,  by  a  majority  vote,  shall  appoint  a  proper  person,  to- 
gether with  such  assistants  as  may  be  required,  to  supervise 
the  preparation  and  publication  of  the  same,  and  they  shall 
also  fix  the  rates  of  compensation  of  said  supervisor  and  his 


CHAKTER  OF  NEW  YOKK  CITY. 


627 


assistants.  All  the  expenses  connected  with  its  publication 
and  distribution,  except  the  salary  of  the  person  appointed 
to  supervise  the  same,  and  the  salaries  of  his  assistants,  shall 
be  covered  by  a  contract  for  printing,  to  be  made  in  the  same 
manner  as  other  contracts.  The  board  of  estimate  and  ap- 
portionment shall  provide  for  all  the  necessary  expenses  of 
conducting  the  said  City  Record.  There  shall  be  inserted 
in  said  City  Record  nothing  aside  from  such  official  matters 
as  are  expressly  authorized.  The  contract  for  the 
publicat'on  of  the  City  Record  shall  provide  for 
furnishing,  free  of  charge,  to  The  City  ot  New  York, 
not  more  than  two  thousand  copies  thereof;  also  for  a 
gratuitous  distribution  to  every  newspaper  regularly  printed 
in  The  City  of  New  York,  when  it  shall  apply  for  the  same, 
of  two  copies,  and  to  every  public  library  or  public  institution 
in  said  city  which  apply  for  the  same,  of  one  copy.  •  Copies  of 
the  same  shall  be  sold  by  the  supervisor  at  a  price  to  be  fixed 
by  the  officers  making  the  contract,  and  the  proceeds  thereof 
shall  be  paid  over  to  the  city.  All  advertising  required  to  be 
done  for  the  city,  except  as  in  this  act  otherwise  specially 
provided,  and  all  notices  required  by  law  or  ordinance  to  be 
published  in-  corporation  papers,  shall  be  inserted,  at  the  pub- 
lic expense,  only  in  the  City  Record,  and  a  publication  therein 
shall  be  a  sufficient  compliance  with  any  law  or  ordinance 
requiring  publication  of  such  matters  or  notices;  but  there 
may  be  inserted  in  two  morning  and  two  evening,  and  two 
weekly  or  semi-weekly  papers  published  in  the  English  lan- 
guage, and  in  one  paper  published  in  the  German  language, 
all  in  said  City  Record  to  be  designated  at  any  time  by  said 
board  of  City  Record,  brief  advertisements,  calling  attention 
to  any  contracts  intended  to  be  awarded  or  bonds  to  be  sold, 
and  referring  for  full  information  to  said  City  Record;  said 
designation  of  such  newspapers  to  continue  in  effect  until 
another  or  different  designation  shall  be  made  by  said  board. 
Where  such  notices  and  advertisements  respect  matters  oc- 
curring within  or  relating  to  the  borough  of  Brooklyn,  they 
shall  also  be  published  in  such  newspapers  as  are  now  by  law 
designated  as  corporation  newspapers  in  the  city  of  Brook- 
lyn, and  where  such  notices  and  advertisements  respect  mat- 
tersoccurring  or  relating  to  c'ther  the  borough  of  The  Bronx, 
Queens  or  Richmond,  they  shall  also  be  published  in  the  cor- 
poration newspapers  within  the  borough  to  w^hich  said  ad- 
vertisements relate  as  shall  have  been  designated  as  herein 
provided,  for  such  borough,  and  each  of  said  publications 


628 


LAWS  OF  NEW  YORK. 


within  the  said  boroughs  of  Brooklyn,  Bronx,  Queens  and 
Richmond,  shall,  respectively,  receive  the  rates  of  payment 
therefor,  equal  to  but  not  to  exceed  the  compensation  now 
paid  to  said  newspapers  within  the  borough  of  Brooklyn  for 
like  advertisements  in  the  city  of  Brooklyn  of  county  of 
Kings.  In  case,  however,  of  the  sale  of  bonds  or  stocks  of 
said  city  or  of  any  real  estate  belonging  to  the  city,  such  ad- 
vertisements may  be  also  inserted  in  such  other  newspapers 
published  in  said  city  as  said  board  may  determine  in  the  case 
of  each  sale.  But  nothing  herein  contained  shall  prevent  the 
publication  elsewhere  of  any  advertisement  required  by  law; 
provided,  however,  that  no  such  publication  shall  be  made 
unless  the  same  is  authorized  by  concurrent  vote  of  the  mem- 
bers of  said  board.  No  money  shall  be  paid  from  the  city 
treasury,  and  no  action  shall  be  maintained  and  no  judgment 
obtained  against  The  City  of  New  York,  as  constituted  by 
this  act,  for  any  advertising  done  after  April  thirtieth,  eight- 
een hundred  and  seventy-three,  except  such  as  is  therein  au- 
thorized or  such  as  at  the  time  this  act  takes  effect  is  a  lawful 
charge  against  a  municipal  or  public  corporation,  or  part 
thereof,  hereby  consolidated  with  the  mayor,  aldermen  and 
commonalty  of  The  City  of  New  York.  The  copies  of  the 
City  Record  furnished  to  the  city  shall  be  distributed  to  the 
several  departments  and  officers,  and  to  such  persons  and  in 
such  manner  as  the  board  of  City  Record  shall  direct.  The 
comptroller  shall  cause  a  continuous  series  of  the  City  Record 
to  be  bound,  as  completed  quarterly,  and  to  be  deposited  w^ith 
his  certificate  thereon,  in  the  office  of  the  register  of  deeds 
of  the  county  of  New  York,  in  the  county  clerk's  office  of  said 
county,  and  in  the  office  of  the  city  clerk,  and  copies  of  the 
contents  of  any  part  of  the  same,  certified  by  such  register, 
county  clerk,  or  city  clerk,  shall  be  received  in  judicial  pro- 
ceedings as  prima  facie  evidence  of  the  truth  of  the  contents 
thereof. 

Supervisor  of  City  Record  to  arrange  lists  of  registered  voters. 

§  1527.  It  shall  be  the  duty  of  the  supervisor  of  the  City 
Record  to  cause  the  lists  of  registered  voters,  made  and  deliv- 
ered by  the  chairman  of  the  boards  of  inspectors  of  election 
to  the  captains  of  police,  and  by  them  delivered  to  him,  to  be 
arranged  by  assembly  districts,  and  by  election  districts  of 
assembly  districts,  commencing  with  the  first,  and  in  such 
manner  that  the  names  of  all  registered  voters  residing  at  any 


CHARTER  OF  NEW  YORK  CITY. 


029 


given  number  of  any  street  shall  appear  together,  and  those 
of  each  street  in  each  election  district  shall  appear  arranged 
by  house  numbers,  in  consecutive  order,  each  street  separately. 
And  as  soon  as  the  entire  registry  of  voters  shall  be  completed, 
and  the  copies  thereof  made  and  delivered,  the  said  supervisor 
shall  forthwith  cause  the  same  to  be  printed  and  published  in 
the  City  Record,  and  in  the  form  and  manner  herein  pre- 
scribed ;  and  such  publication  shall  be  made  within  one  hundred 
and  eight  hours  after  the  close  of  each  annual  registration. 
The  registry  of  each  assembly  district  shall  be  printed  sepa- 
rately as  a  supplement  to  the  City  Record,  and  each  supple- 
ment containing  the  registry  of  one  assembly  district  shall  be 
sold  separately  to  persons  wishing  to  purchase  the  same  at  not 
less  than  five  cents  per  copy.  All  money  received  therefor 
shall  be  paid  into  the  city  treasury  to  the  credit  of  the  general 
fund. 

Printing  and  stationery  to  be  supplied  by  contract;  City  Record  to 
print  certain  matters. 

§  1528.  All  printing  for  said  city  and  for  the  counties  con- 
tained within  its  territorial  limits,  including  the  printing  of 
the  City  Record,  shall  be  executed  and  all  stationery  shall  be 
supplied,  under  contracts,  to  be  entered  into  by  the  said 
board  of  city  record.  All  proposals  for  printing  and  sta- 
tionery shall  be  based  upon  specifications  to  be  filed  in  the 
comptroller's  office,  which  shall  set  forth  with  accuracy  the 
number  of  every  description  of  printed  blanks;  also  each 
description  of  stationery  or  blank  books  in  ordinary  use  in  the 
board  of  aldermen  and  the  respective  departments,  and  Hkely 
to  be  required  during  the  year  for  which  such  contract  is 
to  be  given,  and  the  bids  shall  be  given  for  such  number 
of  each  printed  description  of  blanks,  or  of  each  article  of 
stationery  (including  under  the  head  of  stationery,  letter  or 
writing  paper,  or  envelopes,  with  printed  headings  or  in- 
dorsements) as  are  specified,  and  for  such  additional  number 
as  may  be  required,  giving  the  price  for  blanks  of  every  de- 
scription, and  the  price  of  all  other  printing  "  per  thousand 
ems,"  or  for  "  rule  and  figure  work ;  "  separate  contracts  shall 
be  made  with  the  lowest  bidder  for  any  one  description  of 
printing,  or  any  article  of  stationery,  involving  an  expense  of 
more  than  five  hundred  dollars.  Ten  per  centum  of  the 
amount  becoming  due,  from  time  to  time,  shall  be  withheld 
by  the  comptroller  until  the  comptfetion  of  the  contract;  and 


630 


LAWS  OF  NEW  YORK 


in  case  the  contractor  shall  fail  to  fulfill  the  same  to  the  satis- 
faction of  said  board  of  city  record,  then  said  board  may 
declare  said  contract  to  be  annulled,  and  said  board  shall  im- 
mediately give  notice  for  other  bids  for  such  printing  during 
the  remainder  of  the  term  of  contract.    No  judgment  shall 
be  recovered  against  The  City  of  New  York  as  constituted 
by  this  act,  for  printing  or  stationery  done  or  furnished  after 
April  thirteenth,  eighteen  hundred  and  seventy-three,  osten- 
sibly for  the  city  of  New  York  as  heretofore  known  and 
bounded,  unless  done  or  furnished  under  a  contract  where, 
under  the  provisions  of  chapter  three  hundred  and  thirty- 
five  of  the  laws  of  eighteen  hundred  and  seventy-three,  or  of 
the  laws  in  force  at  the  tinie  this  act  takes  effect  or  of  this 
act,  a  contract  was  or  is  necessary,  or  under  a  valid  contract, 
or  unless  upon  evidence  of  a  contract  made  as  provided  in 
this  section.    Separate  contracts  may  be  made  at  any  time 
for  engraving,  lithographing,  wood-cuts,  maps,  or  other 
picture  work,  as  the  same  may  be  required ;  but  nothing  here- 
in contained  shall  be  construed  to  require  a  separate  contract 
for  each  engraving,  lithograph,  or-wood-cut,  or  map,  unless 
the  board  of  city  record  shall  deem  the  same  advisable  for 
the  interest  of  the  city.    No  more  than  two  thousand  copies 
of  any  message  of  the  mayor,  or  report  of  any  head 
of    a    department,    and    no    more    than    one  thousand 
copies    of    any    report    of    a    committee    of    the  board 
of    aldermen    shall    be    printed    apart    from    the  City 
Record.      There  shall  be  published  in  the  City  Record 
within  the  month  of  January  and  within  the  month  of 
July  in  each  year  a  hst  of  all  the  officials  and  employes  em- 
ployed in  any  of  the  departments,  bureaus  or  offices  of  the 
city  government,  and  of  the  counties  therein  contained,  who 
have  been  or  have  become  such  officials  or  employes  during 
the  preceding  six  months.    Said  list  shall  contain  the  name, 
residence  by  street  numbers,  nature  of  position  or  service, 
date  of  entrance  into  the  service  or  employment,  date  of  ces- 
sation of  such  service  or  employment,  if  such  has  occurred 
during  said  period,  salary  or  wages,  and  a  distinct  statement 
of  the  increase  or  decrease  thereof  during  said  period  of  each 
of  said  officials  or  employes.    All  changes  of  such  officials 
or  employes,  or  the  amount  of  their  salaries,  with  a  distinct 
statement  of  the  increase  or  decrease  thereof,  shall  be  so 
published  within  one  week  after  they  are  made.    It  shall  be 
the  duty  of  all  heads  of  departments  or  bureaus,  or  offices  not 
in  a  department,  to  furnish  to  the  person  appointed  to  super- 


CHARTER  OF  NEW  YORK  CITY. 


681 


vise  the  publication  of  the  City  Record,  everything  required 
to  be  inserted  therein.  It  shaU  be  the  duty  of  the  said  person 
appointed  to  supervise  the  pubhcation  of  the  City  Record, 
on  or  before  the  first  days  of  February  and  August  respect- 
ively in  each  year,  to  certify  to  the  comptroller  that  the 
several  lists  so  required  to  be  furnished  have  been  furnished 
to  him  by  said  heads  of  department,  bureaus,  or  offices,  and 
the  comptroller  is  hereby  forbidden  to  pay  the  salary  of  any 
such  head  of  department,  bureau  or  office  who  has  not  fur- 
nished such  list  until  the  receipt  by  said  comptroller  of  such 
certificate.  The  said  person  shall  have  the  power  to  make 
requisitions  in  writing  upon  the  heads  of  departments  to  fur- 
nish the  information  necessary  to  make  up  such  list  accord- 
ing to  the  rules  prescribed  by  him  and  approved  by  the  board 
of  city  record;  and  such  information  must  be  supplied  by 
the  department  within  ten  days  after  such  requisition.  He 
shall  have  power  to  require  such  information  in  the  same 
manner,  every  three  months,  and  all  other  information  in  the 
control  of  said  heads  of  departments,  necessary  to  perform 
his  duties,  under  this  section.  Fie  shall  include  in  his  list  the 
number  of  laborers,  designating  the  department  in  which 
they  are  employed,  and,  if  practicable,  the  numbers  employed 
in  the  prosecution  of  specific  works,  and  the  amounts  paid 
to  them.  He  shall  also  cause  to  be  printed  in  each  issue  of 
said  City  Record  a  separate  statement  of  the  hours  during 
which  all  public  offices  in  the  city  are  open  for  business,  and 
at  which  each  court  regularly  opens  and  adjourns,  as  well  as 
of  the  places  where  such  offices  are  kept  and  such  courts 
are  held.  The  detailed  canvass  of  votes,  at  every  election, 
shall  be  published  in  the  City  Record.  A  Hst  of  the  regis- 
tered plumbers  shall  be  published  in  the  City  Record  at  least 
once  in  each  year.  The  mayor  may  order  the  insertion  of 
any  official  matter  or  report  in  the  City  Record.  Nothing 
herein  contained  shall  apply  to  the  printing  or  supplies  of 
stationery  for  The  City  of  New  York,  as  constituted  by  this 
act,  where  by  the  concurrent  vote  of  the  mayor,  counsel  to 
the  corporation  and  comptroller,  it  shall  be  decided  to  have 
such  printing  done  or  such  stationery  furnished  without  con- 
tract let  after  advertisement  for  bids  or  proposals,  but  in  such 
cases  such  printing  shall  be  done  and  such  stationery  pro- 
Cured  in  the  manner  and  on  such  terms  and  conditions  as  the 
said  officers  shall  deem  to  be  for  the  best  interests  of  the 
city. 


032 


LAWS  OF  NEW  YOKK- 


TITLE  3, 

General  Provisions, 
Officers;  not  to  be  interested  in  contracts. 

§1533.  No  member  of  the  board  of  aldermen,  head 
of  department,  chief  of  bureau,  deputy  thereof  or 
clerk  therein,  or  other  officer  of  the  corporation,  shall 
be  or  become  interested  directly  or  indirectly,  as 
contracting  party^  partner,  stockholder  or  otherwise,  in  or  in 
the  performance  of  any  contract,  work,  or  business,  or  the  sale 
of  any  article,  the  expense,  price,  or  consideration  of  which  is 
payable  from  the  city  treasury,  or  by  any  assessment  levied 
by  any  act  or  ordinance  of  the  board  of  aldermen; 
or  in  the  purchase  or  lease  of  any  real  estate  or 
other  property  belonging  to  or  taken  by  the  corporation,  or 
which  shall  be  sold  for  taxes  or  assessments,  or  by  virtue  of 
legal  process  at  the  suit  of  the  said  corporation.  If  any  person 
in  this  section  mentioned  shall,  during  the  time  for  which  he 
was  elected  or  appointed,  knowingly  acquire  an  interest 
as  above  described  in  any  contract  or  work  with  the  city, 
or  any  department  or  officer  thereof,  unless  the  same  shall 
be  devolved  upon  him  by  law,  he  shall,  on  conviction 
thereof,  forfeit  his  office,  and  be  punished  for  a  misdemeanor. 
All  such  contracts  in  which  any  such  person  is  or  be- 
comes interested  as  above  described  shall,  at  the  option  of  the 
comptroller,  be  forfeited  and  void.  No  person  in  this  section 
named  shall  give,  or  promise  to  give,  any  portion  of  his  com- 
pensation, or  any  money  or  valuable  thing,  to  any  officer  of 
the  city,  or  to  any  other  person,  in  consideration  of  his  having 
been  or  being  nominated,  appointed,  elected,  or  employed  as 
such  officer,  agent,  clerk  or  employe,  under  the  penalty  of 
forfeiting  his  office  and  being  forever  disqualified  from  being 
elected,  appointed,  or  employed  in  the  service  of  the  city,  and 
shall,  on  conviction,  be  punished  for  a  misdemeanor. 

Id.;  may  be  summarily  examined. 

§  1534.  Any  member  of  the  board  of  aldermen,  com- 
missioner, head  of  department,  chief  of  bureau,  deputy 
thereof  or  clerk  therein,  or  other  officer  of  the  corpora- 
tion or  person,  may,  .if  a  justice  shall  so  order,  be  sum- 
marily examined  upon  an  order  to  be  made  on  applica- 
tion based  on  an  affidavit  of  the  mayor  or  of  the  comptroller, 
or  any  five  members  of  the  board  of  aldermen  or 
any  commissioner  of  accounts,  or  of  any  five  citizens  who  are 


CHARTER  OF  NEW  YORK  CITY.  633 


taxpayers,  requiring  such  examination,  and  signed  by  any 
justice  of  the  supreme  court  in  the  first  or  second  judicial 
departments  directing  such  examination  to  be  pubhcly  made 
at  the  chambers  of  said  court  in  either  of  said  judicial  depart- 
ments, or  at  the  office  of  said  department,  on  a  day  and  hour 
to  be  named,  not  less,  however,  than  forty-eight  hours  after 
personal  service  of  said  order.  Such  examination  shall  be 
confined  to  an  inquiry  into  any  alleged  wrongful  diversion  or 
misapplication  of  any  moneys  or  fund,  or  any  violation  of  the 
provisions  of  law,  or  any  want  of  mechanical  qualifications 
of  any  inspectorship  of  public  work,  or  any  neglect  of  duty 
in  acting  as  such  inspector,  or  any  delinquency  charged  in  said 
affidavit  touching  the  office  or  the  discharge  or  neglect  of  duty 
of  which  it  is  alleged  in  the  application  for  said  order  that 
such  member  of  the  board  of  aldermen,  head  of  de- 
partment or  other  aforementioned  officer  or  person 
has  knowledge  or  information.  Such  member  of  the 
board  of  aldermen,  commissioner,  head  of  department, 
clerk  or  other  aforesaid  officer  or  person  shall  answer 
such  pertinent  questions  relative  thereto,  and  produce 
such  books  and  papers  in  his  custody  or  under  his  control  as 
the  justice  shall  direct,  and  the  examination  may  be  continued 
from  time  to  time,  as  such  justice  may  order,  but  the  answer 
of  the  party  charged  shall  not  be  used  against  him  in  any 
criminal  proceeding;  provided,  however,  that  for  all  false 
answers  on  material  points  he  shall  be  subject  to  the  pains  and 
penalties  of  the  crime  of  perjury.  The  proceedings  may'  be 
continued  before  any  other  justice  in  said  judicial  department, 
and  other  witnesses,  as  well  as  the  parties  making  such  appli- 
cation, may,  in  the  discretion  of  said  justice,  be  compelled  to 
attend  and  be  examined  touching  such  alleged  delinquencies. 
Such  justice  may  punish  any  refusal  to  attend  such  examina- 
tion or  to  answer  any  questions  pursuant  to  his  order,  as  for 
a  contempt  of  court,  and  shall  have  as  full  power  and  author- 
ity to  enforce  obedience  to  the  order  or  directions  of  himself 
or  any  other  justice,  as  any  justice  of  the  supreme  court  may 
now  have,  or  shall  possess,  to  enforce  obedience  or  to  punish 
contempt  in  any  case  or  matter  whatever,  and  shall  impose 
costs  upon  those  promoting  such  an  examination,  not  exceed- 
ing two  hundred  and  fifty  dollars,  if  he  thinks  there  was  no 
probable  cause  for  making  the  application  hereinbefore  pro- 
vided for,  the  said  costs  to  be  paid  to  the  officer  or  person 
examined,  and  for  wliich  the  said  officer  or  person  may  have 
judgment  and  an  execution.    The  examination  hereinbefore 


634 


LAWS  OF  NEW  YORK. 


provided  for  shall  be  reduced  to  writing,  and  be  filed  in  the 
office  of  the  county  clerk  of  such  county  within  the  first  or 
second  judicial  departments  as  the  judge  making  the  order 
for  the  examination  shall  direct  at  the  time  of  making  such 
order,  and  the  examination  so  reduced  to  writing  and  filed 
shall  be  at  all  reasonable  times  accessible  to  the  public,  and 
notice  of  the  same  shall  be  given  to  the  department  in  which 
said  officer  is  employed. 

Barber  shops  may  be  open  on  Sunday. 

§  1535.  The  provisions  of  an  act  to  regulate  barbering  on 
Sunday,  being  chapter  eight  hundred  and  twenty-three  of  the 
laws  of  eighteen  hundred  and  ninety-five,  permitting  barber 
shops  or  other  places  where  a  barber  is  engaged  in  shaving, 
hair-cutting  or  other  work  of  a  barber,  to  be  kept  open,  and 
the  work  of  a  barber  to  be  performed  therein  until  one  o'clock 
of  the  afternoon  of  the  first  day  of  the  week  in  The  City  of 
New  York,  as  heretofore  known  and  bounded,  shall  be  ap- 
plicable to  and  be  in  full  force  and  effect  in  all  of  the  territory 
of  The  City  of  New  York,  as  constituted  by  this  act. 

Territorial  operation  of  contracts,  grants  and  franchises  not  extended. 

§  1538.  This  act  shall  not  extend  the  territorial  operation 
of  any  rights,  contracts  or  franchises  heretofore  granted  or 
made  by  the  corporation  known  as  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York,  or  by  any  of  the  mu- 
nicipal and  public  corporations  which  by  this  act  are  united 
and  consolidated  therewith,  including  the  counties  of  Kings 
and  Richmond,  and  the  same  shall  be  restricted  to  the  limits 
respectively  to  which  they  would  have  been  confined  if  this 
act  had  not  been  passed ;  nor  shall  this  act  in  any  way  vali- 
date or  invalidate  or  in  any  manner  affect  sucli  grants,  but 
they  shall  have  the  same  lep:al  validity,  force,  effect  and  oper- 
ation and  no  other  or  greater  than  if  this  act  had  not  been 
passed. 

Price  of  gas  in  Richmond  and  Queens  counties. 

§  1539-  J"^'^^  price  of  illuminating  gas  in  the  county  of 
Richmond,  and  in  the  county  of  Queens,  shall  not  be  affected 
by  this  act. 

Platting  of  lands  and  dedication  of  streets  and  public  places. 

§  1540.  No  map  of  the  subdivision  of  lands  or  the  platting 
thereof  into  streets  or  avenues  and  blocks  within  the  limits  of 
The  City  of  New  York  shall  hereafter  be  registered  or  become 


CHARTPJR  OF  NEW  YORK  CITY. 


635 


effectual  and  binding  as  a  dedication  of  the  streets,  avenues  or 
public  places  on  such  map  or  plat  until  such  map  or  plat  has 
been  submitted  by  the  owner  to  and  approved  by  the 
board  of  estimate  and  apportionment,  which  in  act- 
ing thereon  shall  examine  and  determine  Vvhether 
the  streets  and  avenues  are  of  adequate  and  suitable  width 
and  laid  out  with  due  reference  to  connecting  streets  and 
avenues.  Upon  such  approval  the  title  of  the  owner  or 
owners  of  the  land  to  all  streets,  avenues  and  public  places 
designated  on  the  map  or  plat,  shall  immediately  vest  in  fee 
in  The  City  of  New  York  in  trust  for  the  de£ignated  public 
uses.  Such  map  shall  be  filed  in  the  office  of  the  president 
of  the  borough  where  the  lands  affected  by  said  subdivisions 
are  located,  and  a  copy  thereof  with  the  approval  of  the  said 
board  endorsed  thereon  shall  be  filed  and  recorded  in  the  of- 
fice of  the  registrar  of  deeds  or  county  clerk  of  the  county 
in  which  the  land  is  situated  and  indexed  therein  as  deeds  are 
now  required  by  law  to  be  indexed.  The  board  of  alder- 
men may  from  time  to  time  pass  appropriate  ordinances 
not  inconsistent  with  law  and  this  act  to  carry  the  provisions 
of  this  section  into  effect  and  regulate  proceedings  there- 
under. 

Majority  of  boards  of  departments;  quorum;  powers. 

§  1 541.  A  majority  of  the  members  of  a  board  in  any  de- 
partment of  the  city  government,  and  also  of  the  board  for 
the  revision  of  assessments,  shall  constitute  a  quorum  to 
fully  perform  and  discharge  any  act  or  duty  authorized,  pos- 
sessed by,  or  imposed  upon  any  department  or  any  board 
aforesaid,  and  with  the  same  legal  effect  as  if  every  member 
of  any  such  board  aforesaid  had  been  present,  except  as  here- 
in otherwise  specially  provided.  Each  board  may,  except 
as  herein  otherwise  provided,  choose,  in  its  own  pleasure,  one 
of  its  members,  who  shall  be  its  president,  and  one  who  shall 
be  its  treasurer,  and  may  appoint  a  chief  clerk  or  secretary. 
No  expense  shall  be  incurred  by  any  of  the  departments, 
boards  or  officers  thereof,  unless  an  appropriation  shall  have 
been  previously  made  covering  such  expense,  nor  any  ex- 
pense in  excess  of  the  sum  appropriated  in  accordance  with 
law. 

Expenses  not  to  exceed  appropriation. 

§  1542.  It  shall  be  the  duty  of  the  heads  of  all  departments 
and  of  all  officers  of  said  city,  and  of  all  boards  and  oflFi- 
cers  charged  with  the  duty  of  expending  or  incurring  obli- 


636 


LAWS  OF  NEW  YORK. 


gations  payable  out  of  the  moneys  raised  by  tax  in  said 
city,  or  any  of  the  counties  contained  within  its  territorial 
limits,  so  to  regulate  such  expenditures  for  any  purpose 
or  object,  that  the  same  shall  not  in  any  one  year  exceed 
the  amount  appropriated  by  the  board  of  ^  estimate  and 
apportionment  for  such  purpose  or  object;  and  no  charge, 
claim  or  liability  shall  exist  or  arise  against  said  city,  or 
any  of  the  counties  contained  within  its  territorial  limits,  for 
any  sum  in  excess  of  the  amount  appropriated  for  the  sev- 
eral purposes.  It  shall  be  lawful,  however,  for  the  board  of 
estimate  and  apportionment  in  its  discretion,  and  upon  the 
certificate  of  the  district  attorney  of  any  such  county  that  the 
public  interests  demand  for  the  proper  conduct  of  a  criminal 
action  of  exceptional  difficulty  that  an  additional  appropria- 
tion be  made  for  that  purpose,  to  make  such  appropriation  and 
to  authorize  the  comptroller  to  issue  special  revenue  bonds  to 
provide  the  necessary  means  therefor. 

Heads  of  departments;  control  over  subordinates;  removal. 

§  1543.  The  heads  of  all  departments  and  all  borough  presi- 
dents (except  as  otherwise  specially  provided)  shall  have 
power  to  appoint  and  remove  all  chiefs  of  bureaus  (except  the 
chamberlain),  as  also  all  clerks,  officers,  employes  and  subor- 
dinates in  their  respective  departments,  except  as  herein  other- 
wise specially  provided,  without  reference  to  the  tenure  of 
office  of  any  existing  appointee.  But  no  regular  clerk  or  head 
of  a  bureau,  or  person  holding  a  position  in  the  classified 
municipal  civil  service  subject  to  competitive  examination, 
shall  be  removed  until  he  has  been  allowed  an  oppor- 
tunity of  making  an  explanation;  and  in  every  case  of  a  re- 
moval, the  true  grounds  thereof  shall  be  forthwith  entered 
upon  the  records  of  the  department  or  board  or  borough 
president,  and  a  copy  filed  with  the  municipal  civil  service. 
In  case  of  removal,  a  statement  showing  the  reason 
therefor  shall  be  filed  in  the  department.  The  number  of  all 
officers,  clerks,  employes,  laborers  and  subordinates  in  every 
department  shall  be  such  as  the  heads  of  the  respective  depart- 
ments and  borough  presidents  shall  designate  and  approve, 
not  exceeding  the  number  limited  by  any  ordinance  of  the 
board  of  aldermen.  The  duties  of  all  such  officers,  clerks, 
employes,  laborers  and  subordinates  shall  be  such  as  the 
heads  of  the  respective  departments  and  borough  presidents 
shall  designate  and  approve,  subject  to  the  provisions  of  law 
and  to  the  ordinances  of  the  board  of  aldermen.    The  salaries 


CHAKTER  OF  NEW  YORK  CITY. 


637 


or  wages  of  all  such  officers,  clerks,  employes,  laborers  and 
subordinates  in  every  department  shall  be  such  as  shall  be  fixed 
by  the  board  of  aldermen  upon  the  recommendation  of  the 
board  of  estimate  and  apportionment  in  the  manner  provided 
in  this  act.  Any  head  of  department  or  borough  president,  may, 
with  the  consent  of  the  board  of  estimate  and  apportionment, 
consolidate  any  two  or  more  bureaus  established  by  law,  and 
may  change  the  duties  of  any  bureau ;  and  it  shall  be  the  duty 
of  the  head  of  the  finance  department  to  bring  together  all 
officers  and  bureaus  authorized  to  receive  money  for  taxes, 
assessments  or  arrears,  in  such  manner  that  the  payment  of  the 
same  can  be  made,  as  nearly  as  practicable,  at  one  time  and 
place,  and  in  one  office.  Every  head  of  department  or  borough 
president,  and  every  officer  of  any  of  the  counties  contained 
within  the  territorial  limits  of  The  City  of  New  York,  is  em- 
powered to  make  ratable  deductions  from  the  salaries  and 
wages  of  the  employes  and  subordinates  of  his  department 
or  office  on  account  of  absences  from  duty  without  leave ;  pro- 
vided, however,  that  nothing  contained  in  this  section  shall 
affect  departments  or  officers  as  to  which  other  provision  is 
made  by  this  act  for  deductions  for  absences  or  disciplinary 
fines  and  penalties.  Wherever  in  any  department  or  institu- 
tion an  office,  position  or  employment  is  abolished,  or  made 
unnecessary  through  the  operation  of  this  act,  or  in  any  other 
manner,  or  whenever  the  number  of  offices,  positions  or  em- 
ployments of  a  certain  character  is  reduced,  the  person  or 
persons  legally  holding  the  office  or  filling  the  position  or  em- 
ployment thus  abolished  or  made  unnecessary  shall  be  deemed 
to  be  suspended  without  pay,  and  shall  be  entitled  to  reinstate- 
ment in  the  same  office,  position  or  employment,  or  in  any 
corresponding  or  similar  office,  position  or  employment,  if 
within  one  year  thereafter  there  is  need  for  his  or  their  ser- 
vices. Whenever  such  offices,  positions  or  employments  are 
abolished  or  made  unnecessary,  it  shall  be  the  duty  of  the  head 
of  the  department  or  institution  to  furnish  the  names  of  the 
person  or  persons  affected  to  the  municipal  civil  service  com- 
mission, with  a  statement  in  the  case  of  each  of  the  date  of 
his  original  appointment  in  the  service.  It  shall  be  the  duty 
of  the  municipal  civil  service  commission  forthwith  to  place 
the  names  of  said  persons  upon  a  list  of  suspended  employes 
for  the  office,  or  position  or  for  the  class  of  work  in  which  they 
have  been  employed,  or  for  any  corresponding  or  similar  office, 
position  or  class  of  work,  and  to  certify  the  said  persons  for 
reinstatement,  in  the  order  of  their  original  appointment, 


G38 


LAWS  OF  NEW  YORK. 


before  making  certifications  from  any  other  list.  The  failure 
of  any  person  on  any  such  Hst  for  reinstatement  to  accept, 
after  reasonable  notice,  an  ofifice  or  position  in  the  same  bor- 
ough and  at  the  same  salary  or  wages  as  the  position  formerly 
held  by  him  shall  be  held  to  be  a  relinquishment  of  his  right 
to  reinstatement  as  herein  stated. 

Id.;  to  render  reports;  publication. 

§  1544.  The  said  departments,  borough  presidents  and  all 
commissioners  appointed  by  the  mayor,  pursuant  to  the  provi- 
sions of  this  act,  and  not  constituting  heads  of  departments, 
shall  once  in  three  months,  and  at  such  other  times  as  the 
mayor  may  direct  make  to  him,  in  such  form  and  under  such 
rules  as  he  may  prescribe,  reports  of  the  operations  and  action 
of  the  same  and  each  of  them,  which  reports  shall  be  published 
in  the  City  Record.  The  said  departments,  borough  presi- 
dents, and  commissioners  shall  always,  when  required  by  the 
mayor,  furnish  to  him  such  information  as  he  may  demand, 
within  such  reasonable  time  as  he  may  direct. 

Id.;  to  furnish  copies  of  papers  on  demand. 

§  1545.  The  heads  of  ail  departments,  except  the  police  and 
law  departments,  and  the  chiefs  of  each  and  every  bureau  of 
said  departments,  or  any  of  them,  except  the  police  and  law 
departments  and  all  borough  presidents,  shall,  with  reasonable 
promptness,  furnish  to  any  taxpayer  desiring  the  same,  a  true 
and  certified  copy  of  any  book,  account  or  paper  kept  by  such 
department,  bureau  or  officer,  or  such  part  thereof  as  may  be 
demanded,  upon  payment  in  advance  of  five  cents  for  every 
hundred  words  thereof  by  the  person  demanding  the  same. 
All  books,  accounts  and  papers  in  any  department  or  bureau 
thereof,  except  the  police  and  law  departments,  shall  at  all 
times  be  open  to  the  inspection  of  any  taxpayer,  subject  to  any 
reasonable  rules  and  regulations  in  regard  to  the  time  and 
manner  of  such  inspection  as  such  department,  bureau  or  officer 
may  make  in  regard  to  the  same,  in  order  to  secure  the  safety 
of  such  books,  accounts  and  papers,  and  the  proper  use  of  them 
by  the  department,  bureau  or  officer;  in  case  such  inspection 
shall  be  refused,  such  taxpayer,  on  his  sworn  petition,  describ- 
ing the  particular  book,  account  or  paper  that  he  desires  to 
inspect,  may,  upon  notice  of  not  less  than  one  day  to  such 
department,  bureau  or  officer,  apply  to  any  justice  of  the 
supreme  court  for  an  order  that  he  be  allowed  to  make  such 
inspection  as  such  justice  shall  by  his  order  authorize,  and  such 
order  shall  specify  the  time  and  manner  of  such  inspection. 


CHARTER  OF  NEW  YORK  CITY. 


639 


Records  to  be  kept  and  abstracts  published. 

§  1546.  In  every  department,  office  of  a  borough  president 
or  board  there  sliall  be  kept  a  record  of  all  its  transactions, 
which  shall  be  accessible  to  the  public,  and  once  a  week  a  brief 
abstract,  omitting  fornial  language  shall  be  made  of  all  trans- 
actions, and  of  all  contracts  awarded  and  entered  into  for 
work  and  material  of  every  description,  which  abstracts  shall 
contain  the  name  or  names  and  residences  by  street  and  num- 
ber, of  the  party  or  parties  to  the  contract,  and  of  their  sure- 
ties, if  any.  A  copy  of  such  abstract  shall  be  promptly  trans- 
mitted to  the  person  designated  to  prepare  the  City  Record, 
and  shall  be  published  therein.  Notice  of  all  appointments 
and  removals  from  office,  and  all  changes  of  salaries,  shall  in 
like  manner,  within  one  week  after  they  are  made,  be  trans- 
mitted to  and  published  in  the  City  Record. 

Certificates  of  appointments. 

§  1547.  Every  person  who  shall  be  appointed  or  elected  to 
any  office  under  the  said  city  shall  receive  a  certificate  of  ap- 
pointment, designating  the  term  for  which  such  person  has 
been  appointed  or  elected. 

Official  oath. 

§  1548.  Every  person  elected  or  appointed  to  any  office 
under  the  city  government  shall,  within  five  days  after  notice 
of  such  election  or  appointment,  take  and  subscribe,  before 
the  mayor  or  any  judge  of  a  court  of  record,  an  oath  or  affir- 
mation faithfully  to  perform  the  duties  of  his  office;  which 
oath  or  affirmation  shall  be  filed  in  the  office  of  the  city  clerk. 

Officer  not  to  hold  any  other  civil  office. 

§  1549.  Any  person  holding  office,  whether  by  election  or  • 
appointment,  who  shall,  during  his  term  of  office,  accept,  hold, 
or  retain  any  other  civil  office  of  honor,  trust,  or  emolument 
under  the  government  of  the  United  States  (except  commis- 
sioners for  the  taking  of  bail,  or  register  of  any  court),  or  of 
the  state  (except  the  office  of  notary  public  or  commissioner 
of  deeds,  or  officer  of  the  national  guard),  or  who  shall  hold 
or  accept  any  other  office  connected  with  the  government  of 
The  City  of  New  York,  or  who  shall  accept  a  seat  in  the  legis- 
lature, shall  be  deemed  thereby  to  have  vacated  any  office  held 
by  him  under  the  city  government.  No  person  shall  hold  two 
city  or  county  offices,  except  as  expressly  provided  in  this  act ; 
nor  shall  any  officer  under  the  city  government  hold  or  retain 


640 


LAWS  OF  NEW  YOKK. 


an  office  under  the  county  government,  except  the  office  of 
supervisor,  or  when  he  holds  such  office  ex  officio,  by  virtue 
of  an  act  of  the  legislature;  and  in  such  case  shall  draw  no 
salary  for  such  ex  officio  office. 

Officers;  when  may  receive  and  retain  fees. 

§  1550.  No  officer  of  the  city  government,  except  the  city 
marshals,  shall  have  or  receive  to  his  own  use  any  fees,  per- 
quisites or  commissions  or  any^ percentage ;  but  every  such  officer 
shall  be  paid  by  a  fixed  salary,  and  all  fees,  percentages,  and 
commissions  received  by  any  such  officer  shall  be  the  property 
of  the  city.  And  every  officer  who  shall  receive  any  fees,  per- 
quisites, commissions,  percentages,  or  other  money  which 
should  be  paid  over  to  the  city,  shall,  before  he  shall  be  entitled 
to  receive  any  salary,  make  under  oath  a  detailed  return  to  the 
comptroller  showing  the  amount  of  all  such  fees,  commissions, 
percentages,  perquisites  and  moneys  received  by  him  since  the 
last  preceding  report,  the  person  from  whom  received,  and  the 
reason  for  its  payment,  and  shall  produce  the  receipt  of  the 
chamberlain,  showing  the  payment  to  him,  by  said  officer,  of  the 
aggregate  amount  thereof.  All  sums  received  as  above,  or  for 
licenses  or  permits,  except  as  in  this  act  otherwise  express-y 
provided,  shall  be  paid  over  weekly,  without  deduction  by  the 
officers  or  department  receiving  them,  to  the  chamberlain,  and 
a  detailed  return  under  oath  shall  at  any  time  be  made  in  such 
form  as  the  comptroller  shall  prescribe,  stating  when  and  from 
whom,  and  for  what  use  such  moneys  were  received.  No 
city  officer  who  is  paid  a  salary  for  his  services  from  the 
city  treasury  shall  receive  to  or  for  his  own  use  any  fees, 
costs,  allowances,  perquisites  of  office,  commissions,  percent- 
ages, or  moneys  paid  to  him  in  his  official  capacity;  but 
all  fees,  costs,  allowances,  perquisites,  commissions,  percent- 
ages and  moneys  so  paid  or  received  by  any  such  officer  or 
person,  shall  be  the  property  of  the  city  and  shall  be 
paid  by  him  into  the  city  treasury;  and  every  such  officer  or 
person  who  shall  receive  any  fees,  perquisites,  commissions, 
percentages,  or  other  moneys  which  belong  to  the  city,  and 
should  be  so  paid  into  the  treasury,  shall,  before  he  shall  be 
entitled  to  receive  or  to  be  paid  his  salary,  make  under  oath 
a  detailed  statement  and  return  to  the  comptroller  in  such  form 
as  he  may  prescribe,  showing  the  amount  of  all  such  moneys 
received  by  him  since  the  last  preceding  statement  and  returns, 
and  shall  produce  a  receipt  showing  the  payment  of  such  sum 
into  the  treasury.  The  comptroller  may  require  any  such  person 


CHARTER  OF  NEW  YORK  CITY. 


641 


or  officer  to  make  such  statement  and  return  to  him,  if  it  be  not 
made  as  herein  provided,  and  may  examine  any  such  officer  or 
person  under  oath  touching  the  amount  of  any  fees,  costs,  allow- 
ances, perquisites,  commissions,  percentages  or  moneys  paid 
to  or  received  by  him  in  his  official  capacity. 

Id.;  defrauding. 

§  155 1.  Any  officer  of  the  city  government,  or  person  em- 
ployed in  its  service,  who  shall  wilfully  violate  or  evade  any 
of  the  provisions  of  law,  or  commit  any  fraud  upon  the  city, 
or  convert  any  of  the  public  property  to  his  own  use,  or  know- 
ingly permit  any  other  person  so  to  convert  it,  or  by  gross  or 
culpable  neglect  of  duty  allow  the  same  to  be  lost  to  the  city, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  in  addition  to 
the  penalties  imposed  by  law,  and  on  conviction,  shall  forfeit 
his  office,  and  be  excluded  forever  after  from  receiving  or 
holding  any  office  under  the  city  government ;  and  any  person 
who  shall  wilfully  swear  falsely  in  any  oath  or  affirmation 
required  by  this  chapter  shall  be  guilty  of  perjury. 

Money  not  to  be  paid  to  sectarian  schools;  public  property;  how 
disposed  of. 

§  1552.  No  money  belonging  to  the  city  raised  by  taxation 
upon  the  property  of  the  citizens  thereof,  shall  be  appropriated 
in  aid  of  any  religious  or  denominational  school,  neither  shall 
any  property,  real  or  personal  belonging  to  said  city,  be  dis- 
posed of  to  any  such  school,  except  upon  the  sale  thereof  at 
public  auction,  after  the  same  has  been  duly  advertised,  at 
which  sale  such  school  shall  be  the  highest  bidder,  and  upon 
payment  of  the  sum  so  bid  into  the  city  treasury ;  neither  shall 
any  property  belonging  to  the  city  be  leased  to  any  school 
under  the  control  of  any  religious  or  denominational  institu- 
tion, except  upon  such  terms  as  the  city  property  may  be 
leased  to  private  parties  after  the  same  has  been  duly  adver- 
tised. 

Property  to  be  sold  at  auction. 

§  1553.  All  property  sold  other  than  land  under  water  shall 
be  sold  at  auction,  after  previous  public  notice,  under  the 
superintendence  of  the  appropriate  head  of  department.  The 
proceeds  of  all  sales  made  under  and  by  virtue  of  this  act 
shall,  except  as  herein  otherwise  specially  provided,  be  by  the 
officer  receiving  the  same  immediately  deposited  with  the 


642 


LAWS  OF  NEW  YOKK. 


chamberlain;  and  the  account  of  sales,  verified  by  the  officer 
making  the  sales,  shall  be  immediately  filed  in  the  office  of  the 
comptroller. 

Patented  articles;  how  supplied. 

§  1554.  Except  for  repairs  no  patented  pavement  shall  be 
laid  and  no  patented  article  shall  be  advertised  for,  contracted 
for  or  purchased,  except  under  such  circumstances  that  there 
can  be  a  fair  and  reasonable  opportunity  for  competition,  the 
conditions  to  secure  which  shall  be  prescribed  by  the  board  of 
estimate  and  apportionment. 

Special  provision  as  to  papers  formerly  filed  in  offices  of  town  clerks. 

§  1555.  Except  as  otherwise  provided  by  this  act,  all  papers 
now  required  by  law  to  be  filed  and  recorded  in  the  town 
clerk's  office  in  any  of  the  towns  by  this  act  united  and  con- 
solidated into  The  City  of  New  York,  shall  after  this  act 
takes  effect,  be  filed  and  recorded  in  the  office  of  the  clerk  of 
the  county  in  which  such  town  is  situated,  and  all  such  papers 
filed  and  recorded  in  any  town  clerk's  office  of  such  towns, 
and  the  records  thereof  shall,  immediately  after  this  act  takes 
effect,  be  deposited  in  such  county  clerk's  office  by  the  town 
clerks  of  such  towns,  and  shall  remain  of  record  therein. 

Code  of  ordinances;  when  to  be  prima  facie  evidence. 

§  1556.  A  code  or  other  volume  containing  either  the  ordi- 
nances or  by-laws  of  the  city  published  by  authority  of  the 
board  of  aldermen  shall  be  prima  facie  evidence  in  all  courts 
of  justice  of  the  authenticity  of  such  ordinances  or  by-laws. 

Responsible  guaranty  company  may  act  as  surety. 

§  1557-  Wherever  this  act  provides  for  the  giving  of  an 
official  bond  with  surety  or  sureties,  such  surety  or  sureties 
may  consist  of  a  responsible  guaranty  company,  provided  the 
same  shall  be  satisfactory  to,  and  be  approved  by,  the  officer 
or  officers,  or  body  whose  duty  it  is  to  approve  such  bond  or 
sureties. 

Tenure  of  office. 

§  1558.  All  officers  elected  or  appointed  under  this  act  shall, 
unless  otherwise  expressly  provided  and  unless  sooner  re- 
moved, hold  their  respective  offices  until  their  successors  are 
respectively  elected  or  appointed  and  have  qualified. 


CHARTER  OF  NEW  YORK  CITY. 


G43 


Publication  to  be  made  in  City  Record,  unless  otherwise  provided. 

§  1559.  All  publications  required  by  this  act  shall,  unless 
otherwise  provided,  be  published  in  the  City  Record,  and  one 
publication  therein  shall  be  sufficient,  unless  it  is  herein  other- 
wise prescribed. 

Pensioners  not  to  hold  offices,  etc. 

§  1560.  No  person  now  receiving  or  who  may  hereafter 
receive  any  pension  from  The  City  of  New  York  or  any  of 
the  departments  thereof,  or  out  of  any  fund  under  said  city 
or  any  of  its  departments,  shall  hold  any  office,  employment 
or  position  under  The  City  of  New  York  or  any  of  the  coun- 
ties included  within  said  city.  Any  officer,  subordinate  or 
employe  of  said  city  or  any  of  its  departments  or  any  of  the 
counties  included  within  said  city  now  in  receipt  of  any  such 
pension  shall  forthwith  forfeit  such  office,  position  or  em- 
ployment. 

Officers  and  employes  not  to  perform  work  outside  public  employ- 
ment. 

§  1 561.  No  officer  or  employe  of  The  City  of  New  York 
or  of  any  of  the  counties  comprised  within  its  territorial 
limits,  shall  detail  or  cause  any  officer,  employe  or  subordi- 
nate of  the  city  or  of  any  of  said  counties  to  do  or  perform  any 
service  or  work  outside  of  his  public  office,  work  or  employ- 
ment ;  and  any  violation  of  this  section  shall  constitute  a  mis- 
demeanor punishable  by  a  fine  of  not  more  than  five  hun- 
dred dollars,  or  by  imprisonment  for  not  more  than  one  year. 

Waters  and  shores  to  be  kept  pure  and  clean. 

§  1562.  No  swill,  garbage,  dead  animals,  decayed  or  other 
vegetables  or  fruits,  bedding  or  refuse  or  rubbish  of  any  kind 
or  any  light  or  offensive  soil  or  material  that  will  not  settle  in 
the  water  when  dumped  shall  be  dumped  or  deposited  in  the 
waters  of  the  port  of  New  York  or  in  the  ocean,  sea,  rivers  or 
waters  adjoining  The  City  of  New  York,  or  in  the  waters  of 
New  York  harbor,  or  New  York  bay,  or  in  the  Hudson  river, 
the  East  river.  Long  Island  sound,  and  waters  adjacent  thereto 
west  of  the  middle  ground  shoal,  or  in  the  navigable  waters 
lying  between  said  sound  and  the  East  river,  nor  in  the  waters 
bounding  or  adjoining  the  port  or  harbor  of  New  York,  or  the 
upper  bay;  nor  shall  any  article  or  thing  that  is  liable  to  convey 
disease  or  is  putrid,  unwholesome,  noxious  or  dangerous  to  the 


644 


LAWS  OF  NEW  YOKK. 


public  health,  or  calculated  to  defile  or  to  render  unclean  the 
coast  or  shores  of  The  City  of  New  York,  be  cast,  thrown, 
placed,  deposited  or  suffered  or  permitted  to  be  placed  or 
deposited  in  said  waters,  or  placed  or  suffered  to  be  placed 
where  said  water  would  ordinarily  or  naturally  rise  upon,  take 
or  receive  them,  excepting,  however,  the  ordinary  discharge 
of  sewers  constructed  under  the  authority  of  the  laws  of  the 
state  within  which  they  are  located.  This  section  shall  not 
apply  to  the  erection  or  construction  of  any  pier,  dock,  bulk- 
head or  the  making,  by  filling  in,  in  a  proper  manner,  of  the 
land,  in  case  where  the  erection  of  such  piers,  docks,  or  bulk- 
heads, or  making,  by  filling  in,  of  land  is  now  authorized  by 
the  laws  of  the  state ;  nor  to  works  undertaken  by  the  govern- 
ment of  the  United  States  in  the  port  and  harbor  of  The  City 
of  New  York,  or  authorized  by  the  laws  of  the  state  of  New 
York.  Any  pilot,  harbor  master  or  port  warden  of  the  port 
of  New  York,  the  police  of  The  City  of  New  York,  or  any 
city  marshal  or  constable  within  The  City  of  New  York,  shall 
have  power  to  arrest  all  persons  and  deliver  into  custody  any 
person  or  persons  taken  in  the  act  of  violating  any  of  the  pro- 
visions of  this  section. 

Illegal  to  assist  in  towing  or  sailing  vessels  laden  with  garbage,  etc. 

§  1563.  It  shall  not  be  lawful  for  any  person  or  persons  to 
sail,  navigate,  or  move,  or  to  aid,  direct,  or  assist  in  sailing, 
navigating  or  moving,  any  boat  or  vessel  engaged  in  the  trans- 
portation of  any  dead  animal,  carrion,  offal,  or  any  putrid, 
offensive  refuse,  decaying  or  decayed  vegetable  or  animal  mat- 
ter, or  any  garbage  or  sweepings,  taken  from  the  streets  of  any 
city,  upon  the  waters  referred  to  in  the  last  section  for  the 
purpose  of  being  dumped  or  deposited  in  said  waters;  and  it 
shall  not  be  lawful  for  any  steam  vessel  to  tow  or  carry  any 
of  the  articles  mentioned  in  this  or  the  last  section. 

Penalties  for  violation  of  two  last  sections. 

§  1564.  Any  person  offending  against  the  provisions  of  the 
two  preceding  sections  shall  be  deemed  guilty  of  a  misde- 
meanor, and  liable  to  imprisonment  for  a  term  of  not  less 
than  six  months  or  to  a  fine  of  not  less  than  five  hundred 
dollars,  in  the  discretion  of  the  court,  for  each  and  every 
offense,  and  may  be  arrested  by  the  authorities  of  the  city 
or  of  either  of  the  counties  of  New  York,  Kings,  Queens, 
Westchester  or  Richmond.    The  courts  in  said  counties  re- 


CHARTER  OF  NEW  YORK  CITY. 


645 


spectively  shall  have  power  and  jurisdiction  to  try  said  of- 
fenders, whether  the  offense  be  committed  within  their  re- 
spective counties  or  not.  Out  of  any  moneys  received  for 
fines,  such  sum  or  sums  shall  be  allowed  and  paid  for  the  ex- 
penses and  disbursements  attending  the  arrest,  as  the  court 
or  magistrate  may  deem  reasonable  and  proper.  The  owner 
or  owners  or  charterer  of  any  vessel  used  in  violation  of  the 
preceding  sections  shall  be  liable  to  The  City  of  New  York 
in  a  penalty  of  one  thousand  dollars  for  each  ofifense,  and  an 
action  may  be  brought  for  the  recovery  thereof  in  the  name 
of  The  City  of  New  York. 

Public  armories;  armory  board;  president  of  the  board  or  aldermen 
to  be  a  member  of;  its  duties. 

§  1565.  All  powers  and  duties  relating  to  the  construction, 
repairs  and  maintenance  of  and  to  public  armories  in  The  City 
of  New  York,  and  to  the  purchase  of  supplies  therefor,  so  far 
as  the  same  have  heretofore  been  conferred  upon  the  commis- 
sioner of  public  buildings,  lighting  and  supplies  by  chapter  two 
hundred  and  twelve  of  the  laws  of  eighteen  hundred  and 
ninety-eight,  known  as  "  the  military  code,"  are  hereby  de- 
volved upon  the  armory  board  having  jurisdiction  within  The 
City  of  New  York,  as  in  said  military  code  provided.  The 
powers  and  duties  heretofore  exercised  by  the  commissioner 
of  public  buildings,  lighting  and  supplies  as  a  member  of  said 
armory  board  are  hereby  devolved  upon  the  president  of  the 
board  of  aldermen,  who  shall  be  a  member  of  said  armory 
board. 

TITLE  4. 

Coroners, 
Coroners  to  be  elected  in  the  boroughs. 

§  1570.  Four  coroners  shall  hereafter  be  elected  in 
the  borough  of  Manhattan,  two  in  the  borough  of  The  Bronx, 
two  in  the  borough  of  Brooklyn,  two  in  the  borough  of 
Queens  and  one  in  the  borough  of  Richmond.  They 
shall  be  elected  in  the  same  manner  and  at  the  same  general 
elections  as  are  the  sheriffs  in  the  several  counties  in  which  such 
boroughs  are  situated,  shall  hold  their  respective  offices  for 
the  term  of  four  years  and  shall  be  removable  in  the  same 
manner  as  sheriffs.  The  coroners  in  the  borough  of  Man- 
hattan shall  hereafter  keep  open  on  every  day  in  the  year, 


LAWS  OF  NEW  YOKK. 


including  Sundays  and  legal  holidays,  the  coroner's  office  in 
such  borough,  with  a  clerk  in  constant  attendance  at  all  times 
of  the  day  and  night. 

Id.;  officers  and  subordinates  provided  for;  salaries  and  compensation. 

§  1 571.  The  coroners  in  each  borough  shall  have  an  office 
in  said  borough  and  shall  appoint  a  clerk  who  shall  receive 
an  annual  salary  to  be  fixed  by  the  board  of  estimate  and 
apportionment  and  the  board  of  aldermen,  and  such 
and  so  many  assistant  clerks  as  shall  be  provided 
for  in  the  annual  budget.  They  shall  also  appoint 
a  stenographer  in  each  borough  whose  duty  it  shall 
be  to  take  accurate  and  full  stenographic  minutes  and  tran- 
scribe the  same,  of  all  proceedings  and  testimony  taken  be- 
fore a  jury  in  any  coroner's  court,  held  by  any  one  of  said 
coroners.  Each  of  said  coroners  shall  possess  all  the  powers 
and  perform  all  the  duties  vested  in  or  imposed  upon  coro- 
ners by  any  existing  laws  relating  to  coroners  in  The  City  of  | 
New  York  as  heretofore  known  and  bounded,  or  by  any  law 
of  this  state.  The  salaries  or  other  compensation  of  said 
coroners  shall  be  fixed  by  the  board  of  estimate  and  appor- 
tionment and  the  board  of  aldermen. 


CHAPTER  XXIV. 

Provisions  Relating  to  the  Counties  and  Repeal  Pro- 
visions. 

Title  I.  Provisions  relating  to  the  counties. 
Title  2.  Repeal  provisions. 

title  I. 

Provisions  Relating  to  the  Counties, 
Wards  in  the  borough  of  Brooklyn;  how  designated. 

§  1577.  The  wards  of  the  former  city  of  Brooklyn  are  here- 
by continued,  with  their  present  boundaries  and  numbers,  and 
shall  be  known  and  designated  as  wards  of  the  borough  of 
Brooklyn. 

Wards  in  boroughs  of  Manhattan  and  The  Bronx;  how  designate*. 

§  1578.  The  wards  of  the  corporation  heretofore  known  as 
the  mayor,  aldermen  and  commonalty  of  the  city  of  New  York 
are  hereby  continued,  with  their  present  boundaries  and  num- 


CHAKTEIi  OF  NEW  YOKK  CITY. 


647 


bers,  and  shall  be  known  and  designated  as  wards  of  the  bor- 
ough of  Manhattan  and  The  Bronx,  respectively. 

Towns  and  villages  in  Richmond  county  abolished. 

§  1579.  The  five  towns  and  all  the  incorporated  villages 
within  the  county  of  Richmond  are  hereby  abolisned. 

Wards  in  the  borough  of  Richmond. 

§  1580.  The  territory  included  within  the  towns  of  Castle- 
ton,  Middletown,  Northfield,  Southfield  and  Westfield,  in  the 
county  of  Richmond,  shall,  in  the  order  named,  be  known  and 
designated  as  wards  one,  two,  three,  four  and  five,  respectively, 
of  the  borough  of  Richmond. 

Towns  in  Queens  county  abolished;  wards  in  borough  of  Queens. 

§  1581.  The  towns  of  Newtown,  Flushing  and  Jamaica,  and 
all  the  incorporated  villages  in  that  part  of  the  county  of 
Queens  included  within  The  City  of  New  York,  as  constituted 
by  this  act,  are  hereby  abolished.  The  territory  heretofore 
known  as  Long  Island  City  shall  be  known  as  ward  one  of 
the  borough  of  Queens;  the  town  of  Newtown  as  ward  two 
of  said  borough ;  the  town  of  Flushing  as  ward  three ;  the  town 
of  Jamaica  as  ward  four ;  and  that  part  of  the  tow^n  of  Hemp- 
stead included  within  The  City  of  New  York,  as  constituted 
by  this  act,  shall  be  known  as  ward  five  of  the  said  borough 
of  Queens.  But  the  supervisors  of  said  towns  who  are  in 
office  when  this  act  takes  effect  shall  serve  out  their  respective 
terms  of  office  as  supervisors  of  the  wards  in  which  they 
respectively  reside,  and  shall  continue  to  be  members  of  the 
board  of  supervisors  of  the  county  of  Queens. 

Board    of    aldermen;    power    to    change  boundaries. 

§  1582.  The  board  of  aldermen  may  from  time  to  time  by 
ordinance  change  the  boundaries  of  wards  and  create  other 
wards  as  the  public  good  and  convenience  may  require. 

Salaries  of  county  officers  in  New  York,  Richmond,  Queens  and  Kings 
counties;  how  met. 

§  1583.  The  salaries  of  all  county  officers  in  the  counties 
of  New  York,  Kings,  Queens  and  Richmond  shall  unless  other- 
wise provided  by  law  be  fixed  by  the  board  of  aldermen  on  the 
recommendation  of  the  board  of  estimate  and  apportionment, 
and  all  county  charges  and  expenses  and  salaries  of 
county    officers    in    said    counties    and    each    of  them 


048 


LAWS  OF  NEW  YORK. 


shall  be  audited  and  paid  by  the  department  of 
linance  out  of  the  fund  or  appropriation  applicable  thereto,  and 
the  audit  of  said  department  in  respect  to  such  charges  and 
expenses  shall  extend  to  the  reasonableness  thereof  and  shall  be, 
in  all  respects,  as  full  and  complete  as  the  audit  of  city  charges 
and  expenses  provided  for  by  section  one  hundred  and  forty- 
nine  of  this  act;  but  nothing  in  this  section  contained  shall  be 
construed  as  in  any  way  changing  or  modifying  the  provision 
contained  in  section  nine  hundred  and  two  of  this  act,  to  the 
effect  that  the  sums  necessary  to  defray  the  salaries  of  county 
officers  and  to  pay  county  charges  and  expenses  in  said  counties 
shall  be  levied  and  assessed  upon  the  property  of  said  four 
counties,  respectively,  so  that  each  shall  ultimately  bear  and  pay 
all  its  own  county  charges,  nor  to  affect  the  county  of  Queens 
until  after  the  thirty-first  day  of  December,  eighteen  hundred 
and  ninety-nine. 

Election  of  county  officers  required  by  the  constitution  not  affected. 

§  1584.  Nothing  in  this  act  contained  shall  be  deemed  to 
interfere  with  or  hereafter  prevent  the  election,  under  and 
pursuant  to  laws  relating  thereto,  of  all  county  officers  required 
by  the  constitution  of  the  state,  to  be  elected  in  either  of  the 
counties,  in  whole  or  in  part,  included  within  The  City  of  New 
York,  as  constituted  by  this  act. 

Public  administrator  of  the  county  of  New  York, 

§  1585.  Upon  the  taking  effect  of  this  act,  the  oflficial  desig- 
nation of  the  public  administrator  in  the  city  of  New  York,  as 
heretofore  known  and  bounded,  shall  be  the  public  adminis- 
trator of  the  county  of  New  York,  and  such  ofBcer  shall  con- 
tinue a  county  officer  with  the  powers,  duties  and  obligations 
now  prescribed  by  law,  and  the  present  provisions  of  law  and 
the  present  ordinances  relating  to  said  public  administrator 
shall  not  be  affected  by  anything  herein  contained. 

Devolution  of  powers  vested  in  boards  of  supervisors  in  New  York, 
Kings,  Queens  and  Richmond  counties. 

§  1586.  Any  and  all  of  the  powers  and  duties  of 
the  several  boards  of  supervisors  heretofore  existing 
in  any  of  the  counties  within  the  territory  of  The 
City  of  New  York  not  transferred  or  devolved  upon  adminis- 
trative departments,  boards,  commissions,  officers  or  other 
functionaries,  are  hereby  vested  in  the  board  of  aldermen  of 
The  City  of  New  York. 


OHARTER  OF  NEW  YORK  CITY. 


649 


The  office  of  county  treasurer  in  the  counties  of  Kings,  Queens  and 
Richmond  abolished. 

§  1587.  The  office  of  the  county  treasurer  of  the  county 
of  Richmond  is  hereby  aboHshed,  and  after  the  thirty-first  day 
of  December,  eighteen  hundred  and  ninety-nine,  the  office  of  the 
county  treasurer  of  the  county  of  Queens  shall  cease  to  exist, 
and  after  the  thirty-first  day  of  December,  nineteen  hundred 
and  one,  the  office  of  county  treasurer  of  the  county  of  Kings 
shall  cease  to  exist,  and  all  the  powers,  duties  and  obligations 
of  said  county  treasurers  are  hereby  devolved  upon  the  comp- 
troller of  The  City  of  New  York  as  constituted  by  this  act, 
except  as  otherwise  provided  by  section  one  hundred  and 
ninety-seven  of  this  act.  The  clerical  force  and  employes  of 
the  county  treasurer  of  Kings  county  shall  be  assigned  by  the 
comptroller  of  The  City  of  New  York  on  January  first,  nine- 
teen hundred  and  two,  to  corresponding  positions  and  duties 
in  the  department  of  finance  as  nearly  as  may  be  without  preju- 
dice or  advantage ;  provided,  however,  that  nothing  herein  con- 
tained shall  be  construed  to  repeal,  limit,  modify  or  abridge 
any  provisions  of  law  or  civil  service  regulations  relative  to  the 
removal  of  subordinates  by  public  officers  or  heads  of  depart- 
ments, nor  to  afifect  the  right  of  abolishing  unnecessary  posi- 
tions. 

Disposition  of  real  and  personal  property  owned  by  or  held  in  trust 
for  the  town  of  Hempstead. 

§  1590.  All  the  real  property  owned  by  the  town  of  Hemp- 
stead and  sitiiated  in  that  part  of  said  town  included  within 
The  City  of  New  York,  as  constituted  by  this  act,  is  hereby 
vested  in  the  said  city  of  New  York  and  divested  out  of  the 
town  of  Hempstead,  and  all  of  the  real  property  owned  by 
the  town  of  Hempstead  and  situated  elsewhere  in  said  town 
is  hereby  vested  in  the  town  of  Hempstead  and  divested  out 
of  the  said  city  of  New  York.  All  of  the  property  owned  by 
the  town  of  Hempstead  other  than  real  property,  including 
money,  investments,  securities  on  investments  and  money 
held  in  trust  for  the  benefit  of  said  town,  directly  or  indi- 
rectly, shall  be  divided  between  the  said  town  and  The  City 
of  New  York,  as  constituted  by  this  act,  and  the  proportion  of 
the  same  to  which  each  shall,  in  equity  and  good  conscience, 
be  entitled  to  receive  upon  such  division,  shall  be  ascertained 
and  determined  by  agreement  by  and  between  the  town 
board  of  the  town  of  Hempstead,  upon  the  one  side,  and  the 
mayor  and   the  municipal  assembly  of  the  said  city  of 


G50 


LAWS  OF  NEW  YORK. 


New  York,  upon  the  other  side,  and  in  case  of  their 
inabihty  to  agree  upon  such  division  within  six  months 
after  this  act  shall  take  effect,  the  supreme  court  in  the 
third  judicial  district  is  hereby  empowered  to  divide  the 
same  between  them  and  to  ascertain  and  award  to  each  its 
equitable  proportion  thereof,  and  to  enforce  its  determina- 
tion thereon,  and  either  of  the  said  municipalities  may  insti- 
tute and  prosecute,  in  its  own  name,  an  action  in  equity  in 
said  court  for  that  purpose  after  the  expiration  of  six  months 
and  before  the  expiration  of  one  year  after  this  act  takes 
effect. 

Proportion  of  funds  and  moneys  received  by  the  city  which  should 
be  returned  to  Queens  county,  or  paid  to  the  comptroller  of  the 
state;  how  determined. 

§  1 59 1.  The  mayor  and  municipal  assembly  of  The  City 
of  New  York,  as  constituted  by  this  act,  and  the  board 
of  supervisors  of  the  county  of  Queens,  are  also  author- 
ized and  empowered  to  determine  what  proportion  of  the 
funds  and  moneys  that  may  be  received  by  The  City  of 
New  York,  pursuant  to  the  provisions  of  this  act,  from 
any  officer  of  any  of  the  municipal  and  public  corpora- 
tions or  parts  of  municipal  and  public  corporations  within  the 
county  of  Queens,  and  hereby  consolidated  with  the  corpora- 
tion heretofore  known  as  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  Y'ork,  should  be  refunded  or  repaid 
to  the  county  of  Queens,  as  representing  taxes  levied  and 
assessed  for  the  payment  of  county  charges  and  expenses 
within  said  county,  and  in  like  manner  what  proportion  of 
said  moneys  that  may  be  so  received,  were  levied  for  state 
taxes  payable  by  said  county  of  Queens  for  the  year  eighteen 
hundred  and  ninety-eight,  and  should  therefore  be  turned 
over  to  the  comptroller  of  the  state  in  payment  and  discharge 
of  said  county's  obligation  to  the  state  in  that  regard  for  the 
year  eighteen  hundred  and  ninety-eight.  If  the  mayor  and 
the  municipal  assembly,  and  the  said  board  of  super- 
visors of  the  county  of  Queens  be  unable  within  three 
months  after  this  act  takes  effect  to  agree  as  to  any  or 
either  of  said  matters,  then  the  supreme  court  of  the 
third  judicial  district  shall  have  power  to  determine  in  each 
case  where  a  disagreement  occurs  upon  said  matters,  and 
each  of  them,  and  to  enforce  such  determination  and  deci- 
sion in  a  suit  in  equity,  to  be  brought  in  the  name  of  the 
supervisors  of  said  countv  of  Queens,  or  of  the  comptroller 


CHARTER  OF  NEW  YORK  CITY. 


651 


of  the  state,  as  the  case  may  be,  not  less  than  six  months  nor 
more  than  one  year  after  this  act  takes  effect. 

Comptroller  of  state  to  transmit  to  the  city  a  statement  of  the  state 
tax  to  be  paid  by  New  York,  Kings,  Queens  and  Richmond 
counties;  how  levied  and  collected. 

§  1595.  It  shall  be  the  duty  of  the  comptroller  of  the  state 
annually  to  transmit  to  the  comptroller  of  The  City  of  New 
York,  as  hereby  constituted,  for  levy  and  collection  by  said  city, 
a  statement  of  the  amount  of  tax  for  state  purposes  to  be  paid 
by  the  counties  of  New  York,  Kings,  Queens  and  Richmond, 
respectively.  The  amount,  of  which  a  statement  is  thus  trans- 
mitted by  the  comptroller  of  the  state  to  the  comptroller  of 
said  city,  shall  be  levied  upon  and  collected  from  the  entire 
property  within  the  territorial  limits  of  said  city  in  like  manner 
as  other  expenses  of  said  city. 


TITLE  2. 

Repeal  Provisions — Effect  of  this  Act, 
Inconsistent  provisions  of  consolidation  act  repealed. 

§  1608.  The  act  of  the  legislature  of  the  state  of  New 
York,  passed  July  first,  eighteen  hundred  and  eighty-two, 
known  as  the  New  York  city  consolidation  act  of  eighteen 
hundred  and  eighty-two,  and  acts  amendatory  thereof,  and 
supplemental  thereto,  and  other  acts  of  the  legislature  of  the 
state  of  New  York  now  in  force  relating  to  or  affecting  the 
local  government  of  The  City  of  New  York,  as  heretofore  con- 
stituted, are  hereby  repealed  so  far  as  any  provisions  thereof 
are  inconsistent  with  the  provisions  of  this  act,  or  so  far  as 
the  subject  matter  thereof  is  revised  or  included  in  this  act, 
and  no  further.  So  far  as  the  provisions  of  this  act  are  the 
same  in  terms  or  in  substance  and  effect  as  the  provisions  of- 
the  said  consolidation  act,  or  of  other  acts  of  the  legislature 
now  in  force  relating  to  or  affecting  the  municipal  and  public 
corporations,  or  any  of  them  herein  united  and  consolidated, 
this  act  is  intended  to  be  not  a  new  enactment,  but  a  continua- 
tion of  the  said  consolidation  act  of  eighteen  hundred  and 
eighty-two,  and  said  other  acts,  and  is  intended  to  apply  the 
provisions  thereof  as  herein  modified  to  The  City  of  New  York 
as  herein  constituted,  and  this  act  shall  accordingly  be  so  con- 
strued and  applied. 


652 


LAWS  OF  NEW  YORK. 


Omission  of  previous  acts  not  to  be  construed  as  repealed. 

§  1609.  The  mere  omission  from  this  act  of  any  previous  • 
acts  or  of  any  of  the  provisions  thereof,  including  said  consoli- 
dation act  of  eighteen  hundred  and  eighty-two,  relating  to  or 
affecting  the  municipal  and  public  corporations  or  any  of  them 
which  are  herein  united  and  consolidated,  shall  not  be  held  to 
be  a  repeal  thereof. 

Acts  applicable  to  The  City  of  New  York. 

§  1 610.  All  the  provisions  of  all  acts  of  the  legislature  of 
the  state  of  New  York,  including  said  consolidation  act  of 
eighteen  hundred  and  eighty-two,  of  a  general  and  permanent 
character,  relating  to  the  corporation  heretofore  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New  York, 
in  force  at  the  time  this  act  goes  into  effect,  which  are  con- 
sistent with  this  act  and  its  purposes,  and  which  are  not  revised 
and  included  in  or  the  subject  matter  thereof  covered  by  this 
act,  are  hereby  extended  to  The  City  of  New  York  as  herein 
constituted,  so  far  as  they  are  consistent  with  this  act,  and  are 
not  in  their  nature  locally  inapplicable  to  other  portions  of 
the  city  than  the  corporation  heretofore  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New  York.  And  the 
provisions  of  law  thus  extended  to  The  City  of  New  York 
as  herein  constituted  shall  apply  to  said  city  throughout  its 
whole  extent,  anything  to  the  contrary  notwithstanding  con- 
tained in  the  charter  of  any  of  the  municipal  or  public  corpora- 
tions or  laws  relating  thereto,  which  are  by  this  act  united  and 
consolidated  with  the  corporation  heretofore  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New  York. 

To  take  effect  January  i,  1898. 

§  161 1.  For  the  purpose  of  determining  the  effect  of  this 
act  upon  other  acts  and  the  effect  of  other  acts  upon  this  act, 
this  act  shall,  except  as  in  this  section  is  otherwise  provided, 
be  deemed  to  have  been  enacted  on  the  first  day  of  January,  in 
the  year  eighteen  hundred  and  ninety-eight.  This  act  shall 
take  effect  on  the  first  day  of  January,  eighteen  hundred  and 
ninety-eight;  provided,  however,  that  where  by  the  terms  of 
this  act  an  election  is  provided  or  required  to  be  held  or  other 
act  done  or  forbidden  prior  to  January  first,  eighteen  hundred 
and  ninety-eight,  then  as  to  such  election  and  such  acts,  this 
act  shall  take  effect  from  and  after  its  passage,  and  shall  be 
in  force  immediately,  anything  in  this  chapter  or  act  to  the 
contrary  notwithstanding. 


CHAKTER  OF  NEW  YOKK  CITY. 


653 


Invalidity  of  one  section  not  to  invalidate  any  other  section. 

§  i6i2.  The  invalidity  of  any  section  or  provision  of  this 
act  shall  not  invalidate  any  other  section  or  provision  thereof. 

Interregnum;  how  prevented. 

§  1 613.  To  guard  against  the  inconvenience  and  effects  that 
might  arise  from  the  changes  in  local  government  effected  by 
this  act,  and  to  prevent  an  interregnum,  and  otherwise  to  carry 
out  the  purposes  and  provisions  of  this  act,  it  is  hereby  enacted 
that  until  this  act  and  its  several  provisions  shall  take  effect 
all  existing  acts  shall  remain  in  force,  and  all  officers  in  office 
when  this  act  takes  effect  shall  remain  in  office  until  their 
successors  are  respectively  elected  and  appointed  and  shall 
have  qualified  under  the  provisions  of  this  act.  And  for  the 
purposes  aforesaid  as  well  as  for  any  other  purpose  necessary 
or  proper  to  effectuate  the  scheme  and  objects  of  this  act,  and 
to  carry  into  effect  the  powers  granted  by  this  act  to  The  City 
of  New  York,  the  municipal  assembly  shall  have  power  by 
ordinances  to  make  from  time  to  time  all  such  provisions  con- 
cerning the  local  rule  and  government  of  The  City  of  New 
York  as  herein  constituted,  and  each  and  all  of  its  departments 
as  it  may  find  necessary  or  deem  needful  not  inconsistent  with 
the  constitution  and  laws  of  the  state  and  the  express  provi- 
sions of  this  act. 

Existing  rights  and  remedies  preserved. 

§  1 614.  No  right  or  remedy  of  any  character  shall  be  lost 
or  impaired  or  affected  by  reason  of  this  act.  This  act  shall 
not  aft'ect  or  impair  any  act  done  or  right  accruing,  accrued 
or  acquired,  or  penalty,  forfeiture  or  punishment  incurred 
prior  to  the  time  when  this  act  takes  effect  or  by  virtue  of  any 
laws  repealed  or  modified  by  this  act,  but.  the  same  may  be 
asserted,  enforced,  prosecuted  or  inflicted  as  fully  and  to  the 
same  extent  as  if  this  act  had  not  been  passed  or  said  laws  had 
not  been  repealed  or  modified;  and  all  actions,  suits,  proceed- 
ings or  prosecutions  under  the  New  York  city  consolidation 
act  of  eighteen  hundred  and  eighty-two,  or  amendments 
thereof,  or  other  laws  relating  to  The  City  of  New  York  and 
herein  repealed  or  modified,  or  under  any  charter  or  law  re- 
lating to  any  of  the  municipal  and  public  corporations  which 
are  herein  united  and  consolidated,  and  pending  when  this  act 
takes  effect,  including  the  counties  of  Kings  and  Richmond, 
may  be  prosecuted  and  defended  to  final  effect  in  the  §ame 
manner  as  they  might  under  the  laws  then  existing,  unless 


654 


LAWS  OF  NEW  YOKK. 


herein  otherwise  specially  provided;  and  such  actions,  suits, 
proceedings  or  prosecutions  may  be  continued  without  change 
of  name  or  title,  or  on  motion  The  City  of  New  York  may  be 
substituted  as  plaintiff  or  defendant,  as  the  case  may  be,  in  the 
place  of  the  existing  party  to  whose  rights  and  obligations 
the  said  City  of  New  York  has  by  force  of  this  act  succeeded. 
The  corporation  counsel  shall  assume  the  charge,  direction  and 
control  of  all  such  actions,  suits  and  proceedings  in  behalf  of 
The  City  of  New  York.  All  future  suits  by  or  against  The 
City  of  New  York  as  herein  constituted  or  against  any  of  the 
municipal  and  public  corporations  in  this  act  united  and  con- 
solidated shall  be  in  the  corporate  name  of  "  The  City  of  New 
York." 

Powers  of  corporations  consolidated  devolved  upon  The  City  of  New 
York. 

§  1615.  Upon  the  taking  effect  of  this  act  on  the  first  day 
of  January,  eighteen  hundred  and  ninety-eight,  all  the  munici- 
pal and  public  corporations,  except  counties,  which  by  this  act 
are  consolidated  with  the  corporation  heretofore  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New  York, 
shall  cease  and  determine,  and  their  powers  to  the  full  extent  of 
legislative  power  in  this  behalf  are  respectively  devolved  upon 
the  corporation  of  The  City  of  New  York  as  herein  con- 
stituted and  the  municipal  assembly  thereof,  unless  other- 
wise expressly  provided  in  this  act  or  by  law.  And  all 
offices  forming  part  of  the  local  government  of  the  said 
municipal  and  public  corporations  and  parts  thereof,  including 
cities,  villages,  towns  and  school-districts,  but  not  including 
counties,  which,  by  the  first  section  of  this  act,  are  united  and 
consolidated  into  The  City  of  New  York  as  herein  constituted, 
are  hereby  abolished  as  to  all  the  territory  embraced  within 
the  limits  of  said  city,  except  as  herein  otherwise  expressly 
provided.  The  foregoing  does  not  include  the  office  of 
recorder  of  the  former  city  of  New  York,  which  is  hereby 
continued  under  the  name  and  title  of  recorder  of  the  county 
of  New  York. 

Forfeiture  or  loss  of  property  not  worked. 

§  161 6.  Neither  the  above  nor  any  other  provisions  of  this 
act  shall  work  any  forfeiture  or  loss  of  any  property  or  rights 
therein  or  relating  thereto  held  in  trust  by  said  municipal  and 
public  corporations  or  any  of  them,  or  to  which  they  or  any 


CHARTER  OF  NEW  YORK  CITY. 


055 


of  them  are  or  may  be  entitled ;  and  The  City  of  New  York  as 
herein  constituted  is  hereby  declared  to  be  the  successor  in 
respect  of  such  property  and  rights  of  the  said  municipal  or 
public  corporation  to  which  the  same  was  granted;  and  the 
said  city  of  New  York  shall  hold  the  same,  as  well  as  all  other 
property  and  rights  to  which  such  corporation  may  be  enti  - 
tled, as  successor,  on  the  same  trusts  and  charged  with  the 
same  duties  as  the  municipal  or  public  corporation  to  which 
it  was  granted. 

Franchises  and  other  grants  not  affected. 

§  1617.  Neither  this  act  nor  anything  contained  therein 
shall  affect  any  grants  of  franchises  or  properties  or  rights  of 
any  nature  in,  to  or  concerning  property  of  any  character  or 
other  grants  made  by  the  Nicolls'  charter,  the  Dongan  charter, 
the  Cornbury  charter,  the  Montgomerie  charter,  by  the  con- 
firmatory act  passed  the  fourteenth  day  of  October,  seventeen 
hundred  and  thirty-two,  or  by  any  other  charter  or  act  granted 
to  the  corporation  known  as  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York,  by  the  state  of  New  York, 
or  granted  by  said  state  to  the  city  of  Brooklyn  or  to  any  of 
the  other  municipal  and  public  corporations  which  are  herein 
united  and  consolidated  into  The  City  of  New  York,  and  each 
and  all  of  said  grants  are  to  all  intents  and  purposes  hereby 
ratified,  granted,  confirmed  and  extended  to  The  City  of  New 
York  as  constituted  by  this  act. 

This  act;  how  repealed  or  amended. 

§  1 618.  This  act  or  any  section  or  provision  thereof  shall 
not  be  deemed  to  be  repealed  or  amended  by  any  act  of  the 
legislature,  unless  it  be  so  expressly  stated,  or  the  legislative 
intention  to  that  effect  is  unmistakable. 

Chapter  942  of  the  Laws  of  1896  not  repealed. 

§  1 61 9.  Nothing  in  this  act  contained  shall  be  deemed  to 
repeal  the  provisions  of  chapter  nine  hundred  and  forty-two 
of  the  laws  of  eighteen  hundred  and  ninety-six. 

This  act  a  public  act. 

§  1620.  This  act,  providing  for  uniting  into  one  munici- 
pality various  communities,  including  the  city  and  county  of 
New  York,  the  city  of -Brooklyn,  the  county  of  Kings,  the 
county  of  Richmond,  and  part  of  the  county  of  Queens  with 


656 


LAWS  OF  NEW  YORK. 


the  municipal  and  public  corporations  therein,  as  in  this  act 
provided,  is  intended  to  be  and  shall  be  deemed  and  held  in 
all  courts  and  jurisdictions  to  be  a  public  act,  of  which  the 
courts  shall  take  judicial  notice.  And  this  act  shall  be  con- 
strued not  as  an  act  in  derogation  of  the  powers  of  the  state 
but  as  one  intended  to  aid  the  state  in  the  execution  of  its 
duties  by  providing,  subject  to  the  constitution  and  laws  of 
the  state  and  the  provisions  and  limitations  herein  contained, 
an  adequate  scheme  of  local  government  for  the  communities 
and  people  affected,  through  the  instrumentality  of  the  corpo- 
rate body  herein  constituted  under  the  name  of  "  The  City  of 
New  York." 

Section  Two.  The  several  sections  of  the  said  chapter 
three  hundred  and  seventy-eight  of  the  laws  of  eighteen  hun- 
dred and  ninety-seven,  the  numbers  and  titles  of  which  are 
set  forth  in  the  first  schedule  annexed  to  this  act  entitled 

The  First  Schedule.  Sections  of  the  Greater  New  York 
Charter  Repealed,"  are  and  each  of  them  is  hereby  repealed. 
The  repeal  of  any  of  the  "sections  mentioned  in  the  said  First 
Schedule  shall  not  affect  or  impair  any  act  done  or  right 
accruing,  accrued  or  acquired,  or  penalty,  forfeiture  or  punish- 
ment incurred  prior  to  January  first,  nineteen  hundred  and 
two,  under  or  by  virtue  of  the  sections  so  repealed*  but  the 
same  may  be  enjoyed,  asserted,  enforced,  prosecuted  or  in- 
flicted as  fully  and  to  the  same  extent  as  if  such  sections  had 
not  been  repealed;  and  all  actions  or  proceedings,  civil  or 
criminal,  commenced  under  or  by  virtue  of  the  sections  so 
repealed,  and  pending  December  thirty-first,  nineteen  hun- 
dred and  one,  may  be  prosecuted  and  defended  to  final  effect 
in  the  same  manner  as  they  might  under  the  sections  of  the 
said  chapter  three  hundred  and  seventy-eight  of  the  Laws  of 
eighteen  hundred  and  ninety-seven  then  existing,  unless  it 
shall  be  otherwise  specially  provided  by  law.  The  provis- 
ions of  this  act,  so  far  as  they  are  substantially  the  same  as 
those  of  laws  existing  on  December  thirty-first,  nineteen 
hundred  and  one,  shall  be  construed  as  a  continuation  of  said 
laws,  modified  or  amended  according  to  the  language  em- 
ployed in  this  act,  and  not  as  new  enactments,  and  shall  be 
applicable  to  all  matters  contained  in  the  several  sections  of 
the  said  chapter  three  hundred  and  seventy-eight  of  the  laws 
of  eiohteen  hundred  and  ninety-seven  which  are  repealed, 
modified  or  amended  by  this  act.  References  in  laws  not 
repealed  to  provisions  of  law  incorporated  into  this  act  and 
repealed  shall  be  construed  as  applying  to  the  provisions  so 
incorporated.    Whenever  by  the  provisions  of  this  act  a 


CHARTER  OF  NEW  YORK  CITY. 


657 


section  which  is  repealed  hereby  and  the  number  and  title 
of  which  is  contained  in  the  First  Schedule  annexed  to  this 
act  has  been  replaced  by  a  section  containing  the  same  num- 
ber, the  repeal  of  the  former  section  shall  in  nowise  affect 
or  impair  the  full  force,  effect  and  vaHdity  of  the  new  section 
so  substituted  by  the  same  number. 

Section  Three.  The  several  sections  of  the  said  chapter 
three  hundred  and  seventy-eight  of  the  laws  of  eighteen  hun- 
dred and  ninety-seven,  the  numbers  and  titles  of  which  are 
set  forth  in  the  Second  Schedule  annexed  to  this  act  entitled 
"Second  Schedule.  Sections  to  remain  in  force  until  changed 
by  the  Board  of  Aldermen,"  are  and  each  of  them  is  hereby 
continued  in  full  force  and  effect  until  the  board  of  aldermen 
as  constituted  by  the  foregoing  provisions  of  this  act  shall 
pass  ordinances  regulating  the  matters  provided  for  in  the 
said  several  sections  mentioned  in  the  Second  Schedule,  all 
of  which  ordinances  the  said  board  of  aldermen  is  hereby  ex- 
pressly empowered  to  pass.  Upon  the  passing  of  any  such 
ordinances  regulating  the  matters  provided  for  in  any  one  of 
the  said  sections  respectively,  such  section  shall  cease  to  have 
any  force  or  effect,  and  the  same  is  and  shall  be  repealed. 

Section  Four.  At  the  general  election  to  be  held  in  The 
City  of  New  York  in  the  year  nineteen  hundred  and  one  there 
shall  be  elected,  as  provided  in  the  Greater  New  York  Charter 
as  amended  by  this  act,  a  mayor,  a  comptroller,  a  president 
of  the  board  of  aldermen,  presidents  of  the  several  boroughs, 
and  coroners  and  members  of  the  board  of  aldermen,  and  city 
.  magistrates  in  the  second  division  of  said  city,  to  the 
number  herein  provided,  all  of  whom  shall  hold  office  for  the 
terms  and  possess  the  powers  and  perform  the  duties  specified 
in  said  Charter  as  amended  by  this  act. 

Section  Five.  This  act  shall  take  effect  on  the  first  day 
of  January,  in  the  year  nineteen  hundred  and  two.  Pro- 
vided, however,  that  section  nineteen  of  the  Greater  New 
York  Charter  as  amended  by  this  act,  entitled  "Aldermanic 
Districts,"  shall  take  effect  immediately;  and  provided  that 
where  by  the  terms  of  the  Charter  as  hereby  amended  it 
is  provided  that  any  act  shall  be  done  or  forbid- 
den prior  to  January  first,  nineteen  hundred  and  two, 
then  as  to  such  act  this  act  shall  take  effect  from 
and  after  its  passage  and  shall  be  in  force  immediately,  any- 
thing in  this  chapter  to  the  contrary  notwithstanding.  And 
provided,  further,  that  the  board  of  estimate  and  apportion- 
ment as  now  constituted  and  the  municipal  assembly  of  The 
City  of  New  York  shall  during  the  year  nineteen  hundred 


658 


LAWS  OF  NEW  YORK. 


and  one  make  appropriations  for  the  year  nineteen  hundred 
and  two,  so  far  as  practicable,  as  though  this  act  had  fully 
taken  effect  at  the  time  of  preparing  the  annual  budget  for 
the  year  nineteen  hundred  and  two. 

THE  FIRST  SCHEDULR. 
Sections  of  the  Greater  New  York  Charter  Repealed. 
Section.  Title. 

II .  .Expense  of  public  schools  for  the  year  1898. 

19.  .Council,  how  chosen;  council  districts. 

20.  .Term  of  oftice  of  members  of  the  council. 

21 .  .Mayor,  an  ex  officio  member  of  the  council. 

24.  .Board  of  aldermen,  how  constituted;  term  of  ofHce; 

vacancies,  how  filled;  salary. 
26.  .Id.;  how  president  elected  and  removed. 
43 . .  Id. ;  to  restrict  height  of  buildings. 

51.  .Id. ;  licenses  to  second-hand  dealers;  penalty  for  vio- 

lating ordinance. 

52.  .Id.;  designating  common  jails. 

53.  .Id.;  assignment  of  places  for  holding  courts  of  gen- 

eral and  special  sessions  and  magistrates'  or  pohce 
courts. 

54..Id. ;  assignment  of  places  for  holding  municipal 
courts. 

102.  .Department  of  buildings. 
128.. Bureau  of  municipal  statistics. 
129.. Bureau;  how  constituted. 

130.  .Chief  of  bureau  to  be  appointed  by  the  mayor. 

131 .  .Municipal  statistical  commission;  how^  constituted. 

132.  .Meetings  of  commission;  quorum. 

133.  .Place  of  meeting. 

134.  . Compensation  of  chief  of  bureau  and  his  assistants 

and  of  the  commission. 

135.  .Power  and  duties  of  the  commission. 

136.  .Powers  and  duties  of  chief  of  bureau. 

137.  .Publication  of  statistics. 

138.  .Limitation  of  expense  of  maintaining  the  bureau  of 

municipal  statistics. 

233.  .Salaries  of  certain  officers. 

234.  .List  of  persons  and  salaries  not  within  a  department. 
239.  .Street  sweeping  contracts  to  be  approved  by  board. 
247.  .Comptroller's  duties. 

286.  .Police  force;  chief  of  police;  first  appointment. 

287.  .Id.;  other  officers;  first  appointment. 


CHARTER  OF  NEW  YORK  CITY.  G59 

Section.  Title. 
293.  .Id.;  absence  or  disability  of. 

.295 . .  Police  board ;  president  and  treasurer.  * 
296.  .Id.;  duties  of  treasurer;  bond;  deputy  treasurer. 
304.. Id. ;  regulations  of  civil  service  commissioners. 
322 . .  Id. ;  to  provide  lodgings  for  vagrants,  etc. 

325.  .Applications  for  medical  attendance;  registered  phy- 

sicians. 

326.  .Compensation  of  registered  physicians;  certificate, 

etc. 

327.  .Physician  to  report  to  department  of  health. 

328.  .Nearest  physician  to  be  called;  penalty  for  refusal  to 

attend. 

329 . .  List  of  registered  physicians  to  be  posted. 
330.  .Hours  of  service  of  registered  physicians. 

358.  .Elections;  powers  transferred  to  police  board;  board 

and  offices  abolished. 

359.  .General  bureau  of  elections;  control  of;  branches. 
360.. Id.;  management;  superintendent. 

361 . .  Id. :  appointment  of  chiefs  of  branches  and  assistants ; 

salaries  of  assistants ;  detailing  members  of  police 
force. 

362..  Id.;  officers;  terms  and  salaries;  removals. 

363.  .Id.;  employes  continued  in  service. 

364.  .Id.;  appropriation  for  expenses  of. 

365.  .Id. ;  superintendent  the  chief  executive  officer;  annual 

report. 

366. .  Id. ;  chiefs  of  branches ;  duties ;  location  of  offices. 

367.  .Id.;  election  expenses  a  charge  against  the  city. 

368.  .Id.;  existing  records  and  property  transferred  to  cus- 

tody of. 

369 . .  Id. ;  superintendent  to  destroy  registers  of  electors,  etc. 

370.  .Id.;  application  of  preceding  section. 

371 .  .Disposition  of  proceeds  of  sales. 

410.. Board  of  public  improvements;  how  constituted. 
41 1 . .  Id ;  president ;  salary ;  powers. 

412.  .Id. ;  secretary;  office;  meetings;  quorum,  etc. 

413.  .Authorizing  public  improvements. 

415 . .  Board  of  public  improvements ;  power  with  respect  to 

certain  subjects. 
416.  .Id. ;  to  prepare  ordinances,  etc. 
417.. Public  improvements;  further  procedure. 
418.. Board  of  public  improvements;  power  to  prescribe 

rules,  etc. 


660 


LAWS  OF  NEW  YORK. 


Sectioit.  Title. 

444.  .Board  may  detail  employes  to  assist  president. 
451 .  .Department  branches;  where  located. 
454.  .Engineers'  duties. 

456.  .Commissioners;  powers  to  appoint  and  fix  salaries. 

457.  .Id.;  other  duties. 

458.  .Id.;  to  organize  bureaus. 

523 . .  Commissioner  of  highways ;  appointment,  term,  sal- 
ary. 

524.. Id. ;  jurisdiction. 

555.  .Commissioner  of  sewers;  appointment;  salary. 

556.  .Id. ;  jurisdiction  and  duties. 

565 . .  Devolution  of  powers  of  the  commissioner  of  street 
improvements  in  the  twenty-third  and  twenty- 
fourth  wards. 

572 . .  Commissioner ;  appointment,  term,  salary. 

573 . .  Id. ;  jurisdiction. 

574.  .Consulting  engineer;  duties. 

586 . .  Former  boards  to  turn  over  maps,  etc.,  to  commis- 
sioner. 

588 . .  Devolution  of  powers  of  former  boards. 

681 .  .Employment  of  inmates;  articles  manufactured;  cul- 
tivation of  lands. 

901 .  .Special  provision  for  taxes  of  1897-1898. 

930 . .  Enforcing  payment  of  personal  taxes ;  fine  may  be 
imposed. 

931 .  .Id. ;  order  to  prosecute;  when  operates  as  assignment 

of  bond. 
993 . .  Subdivision  of  plots. 

1061 . .  School  board,  how  constituted ;  vacancies ;  members 
to  hold  no  other  office  except,  etc. 

1065.. Board  of  education  and  school  boards  to  administer 
funds;  apportionment  thereof,  how  made. 

1066.. Id. :  may  direct  comptroller  to  withhold  certain  ap- 
propriations. 

1077..  Id. ;  advertising  for  contracts;  security  for  perform- 
ance. 

1086.  .Continuation  of  yearly  contracts  with  teachers  in  ter- 
ritory consolidated. 

1088.  .Oath  of  appointees  to  school  office. 

1 089.. School  board;  organization;  secretary  and  employes; 
duties  and  bond  of  secretary. 

1090.  .Id. ;  powers  and  duties. 


CHARTER  OF  NEW  YORK  CITY. 


6G1 


Section.  Title. 

1092.  .Id.;  duties  of  secretary;  chief  clerk  and  secretary  may 

administer  oaths. 

1093.  .Id.;  powers  to  establish  kindergartens,  etc. 

1094.  .Id. ;  power  to  estabUsh  evening  schools,  etc.;  may 

estabHsh,  discontinue  and  consolidate  schools  in 
boroughs. 

1095 .  .Id. ;  power  to  estabHsh  special  classes  for  persons  who 

cannot  use  the  English  language  readily. 

1096.  .Id. ;  power  to  establish  high  schools,  etc. 

1097.  .Id.;  power  to  create  school  inspection  districts  discre- 

tionary; mayor  appoints  inspectors;  terms,  organi- 
zations, etc.,  of  inspectors. 

1098.  .Duties  of  inspectors  of  common  schools. 

I  ICQ.  .Id.;  to  provide  for  payment  of  salaries  to  principals 

and  teachers  and  for  disbursements. 
1 101 . .  Id. ;  annual  and  other  reports. 

1 1 02.  .Id.;  power  to  appoint  and  remove  borough  superin- 
tendents and  associate  superintendents  of  schools ; 
quahfications. 

1 104.  .School  boards;  changing  grades  of  schools  and  classes; 

fixing  standard  of  qualifications  for  principals  and 
teachers. 

1 1050. Id. ;  by-law^s  governing  transfers  of  principals  and 
teachers. 

1 106.  .Id.;  transfer  of  unemployed  principals  or  teachers. 
ii07..Id.;  board  of  superintendents  of  the  boroughs;  how 
duties  regulated. 

1 108.  .General  duties  of  borough  superintendents  and  asso- 

ciate superintendents. 

1 109.  .Borough  board  of  superintendents;  lists  of  principals, 

etc.,  to  be  kept  by;  where  principals  report, 
mo.  .Id. ;  promotion  of  pupils;  transfer  of  teachers  by  city 

superintendent   of   schools;   preferment  where 

schools  are  consolidated  or  discontinued. 
1 1 1 1 . .  Id. ;  recommendations  of  and  requisitions  for  text 

books  and  scholastic  supplies. 

1 1 12.  .Miscellaneous  provisions  as  to  powers  and  duties  of 

borough  superintendent,  borough  board  of  super- 
intendents and  principals. 

1 1 13.  .Id. ;  qualifications  for  special  branches. 

1 1 16.  .Borough  superintendents;  enforcing  compulsory  educa- 
tion law;  nominating,  assigning,  suspending  and 
discharging  clerks. 


662 


LAWS  OF  KEW  YOEK. 


bECTiON.  Title. 

1119.  .School  board  of  the  borough  of  Brooklyn  to  control 
and  admniister  the  public  school  teachers'  retire- 
ment fund  created  by  chapter  six  hundred  and 
fifty-six,  laws  of  1895;  composition  of  fund;  retire- 
ment and  pensions  of  teachers. 

1 1 90.  .Registrar  of  records. 

1 191 . .  Id. ;  and  payment  for  night  medical  service. 

1281 .  .Parties  to  suit  brought  after  twelve  days;  costs 

against  department. 
13S1 .  .Delivery  of  papers,  etc. 

1382.  .Disposition  of  causes  pending  in  district  courts,  etc. 
1384.  .Justices  of  district  courts,  etc.,  to  act  till  February  i, 
1898. 

1 392.. City  magistrates  in  first  division  continued. 

1 393.. Office  of  police  justice  abolished. 

1394.. City  magistrates  in  second  division, 

1395.  .Salary,  etc. 

1396. .  Powers. 

1397.  .Board  of  magistrates. 

1399.  .Transfer  of  charges. 

1400.  .Clerks  and  employes. 

1401 .  .Justices  of  special  sessions  appointed. 
1403 . .  Qualifications. 

140^  . .  Clerks. 

141 3.  .Appeals  from  special  sessions. 

1414.  .Delivery  of  papers,  etc. 

141 6.  .  Pending  actions. 

1417.  .Designation  of  magistrates. 

1418.  .Justices  to  act. 

1493.  -  Killing  or  seUing  certain  birds  prohibited. 

1510.  .Registered  pharmacists  only  to  conduct  pharmacy  ex- 

cept, etc. 

1511 .  .Id.;  qualifications  of  registered  pharmacists. 

1 5 12.  .Graduates  and  licentiates  defined. 

15 13.  .Board  of  pharmacy;  election,  duties. 

1 5 14.  .Books  of  registration  of  pharmacists,  etc. 

1515  . .  Pharmacists  responsible  for  quality  of  drugs,  etc.,  sold, 
patent  medicines,  adulteration,  etc. 

1 5 16.  .Poison;  retailing  of. 

1 5 17.  .Application  of  preceding  sections  to  practitioners  of 

medicine  and  wholesale  dealers. 

1 5 18.  .Fraudulent  registration,  permitting  unlicensed  persons 

to  compound  medicine. 


CHARTER  OF  NEW  YORK  CITY. 


663 


Section.  Title. 

1 5 19.  .Penalties  to  be  paid  to  College  of  Pharmacy. 

1520.  .Boards  of  pharmacy  abolished. 

1536.  .Retention  of  office  by  clerks  in  public  employ  in  terri- 

tory consolidated. 

1537.  .Books,  papers,  etc.,  where  filed. 

1588. .  Proportion  of  the  debt  of  the  county  of  Queens  assumed  • 
by  The  City  of  New  York;  power  of  board  of  super- 
visors of  said  county  to  bind  that  part  thereof  in- 
cluded in  The  City  of  New  York  restricted. 

1589. . Proportion  of  the  debt  of  the  town  of  Hempstead  to 
be  assumed  by  the  city;  power  of  town  board  to 
bind  that  part  thereof  included  in  The  City  of  New 
York  restricted. 

1592.  .Board  of  supervisors  of  Queens  county  not  to  levy  any 

tax  upon  that  part  of  said  county  within  the  city. 

1593.  .Comptroller  of  state  to  determine  amount  of  county 

charges  of  Queens  county  to  be  borne  by  that  part 
of  county  within  the  city. 

1594.  .Comptroller  of  state  to  determine  amount  of  state 

tax  to  be  paid  by  the  part  of  Queens  county  within 
the  city ;  how  levied  and  collected. 

1596.  .Comptroller  of  state  to  apportion  Queens  county 

school  moneys. 

1597.  .School  moneys  for  New  York,  Kings  and  Richmond 

counties  to  be  transmitted  to  the  city. 

THE  SECOND  SCHEDULE. 
Sections  to  Remain  in  Force  Until  Changed  by  the  Board  of  Aldermen. 

Section.  Title. 

346.  .Police  board;  licenses  for  public  exhibitions. 

347.  .Id.;  licenses  to  emigrant  boarding-houses;  bond. 

348.  .Id.;  licenses  to  bookers  of  emigrant  passengers. 

349.  .Id.;  Hcenses  to  runners;  bonds. 
760 . .  Shavings ;  how  to  be  stowed  away. 

762 . .  Lights,  precautions  against  fire  and  use  of  aisles  in 
places  of  amusement. 

763 . .  Gunpowder  and  other  explosives ;  sales  thereof  regu- 
lated. 

765.  .Petroleum  and  coal  oils,  etc.;  sale  thereof. 

768.  .Fires  and  lights  on  vessels  transporting  petroleum* 

769.  .Storage  of  certain  chemicals  regulated, 

770 .  .  Id. ;  of  certain  vegetable  products. 
773 . .  Fines  and  penalties. 


664 


LAWS  OF  NEW  YORK. 


Section.  Title. 

1207.  .As  to  rags,  hides  and  skins. 

1208.  .Unsound  cotton. 

1209.  .Unsound  articles,  or  deposited  contrary  to  orders. 

121 1.  .Penalties  for  disobedience. 

1212.  .Offensive  trades. 

1 213.  .Filling  in  lands. 

1214.  .Yards  and  cellars. 

1223.  .Separate  receptacles  for  ashes  and  garbage. 
1227.  .Driving  and  slaughtering  cattle,  sheep,  swine,  pigs  or 
calves  regulated. 

1454.  .Municipal  assembly  to  regulate  driving,  etc. 

1455.  .Law  of  the  road. 

1456.  .Rubbish,  nails,  etc.,  not  to  be  thrown  in  streets. 

1457.  . Processions  and  parades;  regulations  concerning. 

1462.  .Willfully  breaking  street  lamps,  etc. 

1463.  .Id.;  detaining  offender  until  name  ascertained. 

1464.  .Id.;  preceding  sections  no  bar  to  suit  by  person  injured. 

1465.  .Id.;  informer  relieved  of  penalty,  e.tc. 

1466.  .Definition  of  "  street." 

1472.  .  Public  exhibitions  to  be  licensed. 

1473.  .Police  ^-department    grants    license;    fee;    penalty  for 

neglect  to  obtain  license. 

1474.  .Id.;  commutation  of  license  fee. 

1475.  .Id.;  fees  to  be  paid  over  to  comptroller. 

1476.  .Revocation  of  license. 

1477.  .Penalty  for  violating  provisions  of  this  title. 

1478.  .Police,  etc.,  to  arre^^t  offenders.... 

1479.  .Corporation   counsel    may   enjoin'  exhibitions  without 

license. 

1480.  .Preceding  sections  not  applicable  to  certain  perform- 

ances. 

1481.  .Exhibitions  on  Sunday  prohibited. 

1482.  .Minors  under  fourteen  unaccompanied  by  adult  not  to 

be  admitte'd  to  theatres  at  night. 

1483.  .Prohibition  of  sale  of  spirituous  liquors  and  employ- 

ment of  female  waiters. 

1484.  .Violation  of  preceding  section  annuls  license. 

1485.  .Violation  of  any  provision  of  the  two  preceding  sections 

a  misdemeanor. 

1486.  .Police,  etc.,  to  enter  places  of  amusement  and  arrest 

offenders. 

1487.. Doors  and  exits  to  be  conspicuously  numbered;  dia- 
grams to  be  printed  on  programmes. 

Office  of  the  Secretary  of  State.  ^  , 
State  of  New  Yokk,  S 
I  have  compared  the  preceding  with  the  original  law  on  file  in  this 
office,  and  do  hereby  certify  that  the  same  is  a  correct  transcript  there- 
from and  of  the  whole  of  said  original  law. 

JOHN  T.  Mcdonough, 

Secretary  of  State. 


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UNIVERSITY  OF  ILLINOIS-URBANA 


3  0112  103564651 


